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Full text of "North Carolina Register v.2 no. 9 (12/15/1987)"

HF>i/7ny/./ia,//^^y 



c I 77 



II ,2Z c^ 



The 



DEC P.1I987 



NORTH CAROLINA 

REGISTER 



IN THIS ISSUE, 



; T*ORTH , 



EXECUTIVE ORDERS 

FINAL DECISION LETTERS 

PROPOSED RULES 
Commerce 

Crime Control and Public Safety 
Human Resources 
Insurance 
Licensing Boards 
NRCD 






FINAL RULES 
Revenue 
Transportation 



LIST OF RULES AFFECTED 



ISSUE DATE: DECEMBER 15, 1987 
Volume 2 • Issue 9 • Pages 545-643 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published monthly and 
contains information relating to agency, executive, 
legislative and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrati\e rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise approximately one hundred 
pages per issue of legal text. 

State law requires that a copy of each issue be pro- 
\ided free of charge to each county in the state and to 
various state officials and institutions. The North 
Carolina Register is available by yearly subscription at 
a cost of ninety-fi\'e dollars ($95.00) for 12 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrati\e Hearings, P. 0. Drawer 1 1666, Raleigh, N. 
C. 27604, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North CaroHna Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Division of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute pro\ides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Register before the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for approval by 
the Administrati\'e Rules Review Commission. Upon ap- 
proval of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted version will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at any time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies ma\' issue temporan.' rules. A temporary 
rule becomes effecti\'e when adopted and remains in 



effect for the period specified in the rule or 180 days 
whichever is less. An agency adopting a temporary rule 
must begin normal rule-making procedures on the per 
manent rule at the same time the temporary rule 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) 
a compilation and index of the administrative rules o 
25 state agencies and 38 occupational licensing board 
The NCAC comprises approximately 15,000 letter size 
single spaced pages of material of which approximate 
Iv 35% is changed annually. Compilation and public 
tion of the NCAC is mandated by G.S. 150B-63(b). 

The Code is divided into Titles and Chapters. Eac 
state agency is assigned a separate title which is fu 
ther broken down by chapters. Title 21 is designate 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimur 
cost of two dollars and 50 cents ($2.50) for 1 
pages or less, plus fifteen cents ($0.15) per eac 
additional page. 

(2) The full publication consists of 52 volume 
totaling in excess of 15,000 pages. It is su 
plemented monthly with replacement pages 
one year subscription to the full publication 
eluding supplements can be purchased f( 
seven hundred and fifty dollars ($750.00). I 
dividual volumes may also be purchased wi 
supplement service. Renewal subscriptions f( 
supplements to the initial publication availabl 

Requests for pages of rules or volumes of the NC/ 
should be directed to the Office of Administrati 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pi 
cedures to be followed. For specific statutory languaj 
it is suggested that Articles 2 and 5 of Chapter 150B 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issi 
page number and date. 1:1 NCR 101-201, April 1, 19 

refers to Volume 1, Issue 1, pages 101 through 201 
the North Carolina Register issued on April 1, 198' 



North Carolina Register. Published monthly by 
the Office of Administrative Hearings, P.O 
Drawer 1 1666, Raleigh, North Carolina 27604, pur 
suant to Chapter 150B of the General Statutes 
Subscriptions ninety-five dollars ($95.00) per year 
North Carolina Administrative Code. Publishec 
in looseleaf notebooks with supplement service b} 
the Office of Administrative Hearings, P.O 
Drawer 1 1666, Raleigh, North Carolina 27604, pur 
suant to Chapter 150B of the General Satutes 
Subscriptions seven hundred and fifty dollar 
($750.00). Individual volumes available. 



{ 



NORTH 
CAROLINA 
REGISTER 




Office of Administrative Hearings 

P. O. Drawer 1/666 

Raleigh, i\C 27604 

(919) 733 - 2678 



Robert A. Melott, 

Director 
James R. Scarcella, Sr. 

Deputy Director 
Molly Mason, 

Assistant Director 

Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Johnson, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 



ISSUE CONTENTS 



I. EXECUTIVE ORDER 

Executive Order 57 545 

II. FINAL DECISION LETTERS 

Voting Rights Act 547 

III. PROPOSED RULES 
Commerce 

Departmental Rules 551 

Crime Control and 
Public Safety 

Governor's Crime 

Commission 565 

Victim and Justice 

Services Division 570 

Human Resources 
Mental Health, Mental 

Retardation and 

Substance Abuse 557 

Vocational Rehabilitation 

Ser\'ices 559 

Insurance 
Special Services 

Division 564 

Licensing Boards 

Cosmetic /Vrt Examiners 593 

Electrical Contractor 

Examiners 612 

Medical Examiners 613 

Nursing, Board of 627 

NRCD 

Coastal Management 573 

Environmental Management 572 

Wildlife Resources and 

Water Safety 575 



rV. FINAL RULES 
Revenue 

Corporate Income and 

Franchise Tax 632 

Transportation 

Division of Motor Vehicles 632 

V. LIST OF RULES AFFECTED 

December 1, 1987 634 

VL CU.MULATrV E INDEX 640 



NORTH CAROLINA REGISTER 

Publication Deadlines and Schedules 

(January I98S - March 1 989) 



Issue 


last Dav 


Last Day 


Earliest 


+ 


Date 


for 


for 


Date for 


Earliest 




F'iling 


Electronic 


Public 


Effective 






Filing 


Hearing & 
Adoption by 
Agency 


Date 


++*+++++ 


++++++++ 


+++*++++ 


*+++++++ 


++++++++ 


01/15/88 


12 '28 87 


01/04/88 


02/14/88 


05/01/88 


02/15/88 


01 ■26,88 


02;'02/88 


03/16/88 


06/01/88 


03,15/88 


02 24 88 


03/02/88 


04 14/88 


07/01/88 


04/15,88 


04 25 88 


04/01/88 


05/15/88 


08/01/88 


05/16/88 


04/27/88 


05 '03/88 


06/15/88 


09/01/88 


06/15/88 


05/26;88 


0602/88 


07/15/88 


10/01/88 


07/15/88 


06'24 88 


07/01/88 


08/14/88 


11/01/88 


08/ 15; 88 


07'26/88 


08/02/88 


09/14/88 


12/01/88 


09; 15/88 


OS 26 88 


09/02/88 


10,15/88 


01,01/89 


10/14/88 


09/26'88 


10'03/88 


11/13/88 


02/01/89 


11/15/88 


10'26/88 


11/02/88 


12/15/88 


03/01/89 


12/15/88 


11/23/88 


12/02/88 


01/14/89 


04/01/89 


01 16/89 


12-27/88 


01/03/89 


02' 15/89 


05/01/89 


02 15/89 


01 '26/89 


02/02/89 


03/17/89 


06/01/89 


03/15/89 


02/21/89 


03/02/89 


04 14/ 89 


07/01/89 



■^ The "Earliest Ffjecttvc Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency files the rule with The Administratt\-e Rules Re\'iew 
Commission by the 20th of the same calendar month and that ARRC approves 
the rule at the next calendar month meeting. 



EXECUTIVE ORDER 



EXECUTIVE ORDER NUMBER 57 

GOVERNOR'S BLUE RIBBON COMMISSION 
ON COASTAL INITIATIVES 



North Carolina's coastal sounds and waterways 
represent unique and invaluable natural resources 
for all the people of North Carolina. 

The use and preservation of these resources is 
especially important to those recreational 
boaters, sports fishermen and vacationers who 
utilize our coastal areas. 

In order to protect these natural resources, pro- 
vide for the orderly growth of marine related ac- 
tivity, and promote environmentally sound 
economic development along our coast, it is es- 
sential that North Carolina develop and imple- 
ment a Coastal Initiatives Plan. This plan 
should work to enhance the quality of our coastal 
envirormient by clustering marine related devel- 
opment in carefully selected locations while other 
more ecologically sensitive areas are given in- 
creased environmental protection. 

Therefore, by the authority vested in me as 
Governor bv the Constitution and laws of North 
Carolma, IT IS ORDERED: 

Section 1 ESTABLISHMENT 

There is hereby established the Governor's Blue 
Ribbon Commission on Coastal Initiatives. 

Section 2 MEMBERSHIP 

The Commission shall be composed of not less 
than 10 members appointed by the Governor. 
The membersliip shall include the Secretaries of: 

a. Department of Natural Resources and Com- 

munity Development; 

b. Department of Commerce; 

c. Department of Administration; 

d. Department of Transportation; 

e. Department of Human Resources. 

In addition to those representatives set forth 
above, the Commission shall include represen- 
tatives from interested environmental groups, lo- 
cal governments and marine activity related 
businesses. 

The Governor shall designate the chairman of 
the Commission and all members shall serve at 
the pleasure of the Governor. All vacancies shall 
be filled by the Governor. 

Section 3 MEETINGS 

The Commission shall meet at such times and 
at such locations as directed by the Chaiiman. 



Section 4 DUTIES 

(i) It shall be the responsibility of the Com- 
mission to develop and implement a long-term, 
environmentally sound plan to provide additional 
protection for environmentally sensitive areas in 
the 20 coastal counties and to encourage and fa- 
cilitate clustered development in selected local 
communities seeking to improve shoreline and 
marine activity related development. 

Recommendations and areas of program im- 
plementation in the plan shall include, but not 
be limited to: 

protective measures for marine and coastal 
resources; 

navigation aids, including a waterways 
system plan; 

incentives to support local community 
shore line or marine activity related eco- 
nomic development, 
(ii) The Commission shall have the authority 
to direct the work of the Administrative Working 
Group established in Section 5 of this order. 

Section S ESTABLISHMENT OF 

ADMINISTR.\TIVE WORKING GROUP 

There is created as an adjunct to the Commis- 
sion an Administrative Working Group (AWG) 
which shall be composed of representatives from 
the various State departments and agencies in- 
volved in planning and implementing the Coastal 
Initiatives Plan. 

/Ml members of the Administrative Working 
Group shall be designated by the Governor. 

The Governor shall designate the chairman of 
the Administrative Working Group. The AWG 
shall meet at the call of either its Chairman or the 
Chairman of the Commission. 

Section 6 DUTIES OF AWG 

The Administrative Working Group shall, at the 
direction of the Commission, prepare the plans 
called for in Section 4 of this order for approval 
by the Commission. After such approval, the 
Administrative Working Group shall work to 
hnplement the plan as directed by the Commis- 
sion. The Administrative Working Group will 
work to coordinate efforts among all involved 
State departments to ensure the successful com- 
pletion of the Commission's plan. 

Section 7 COMMUNITY TEAMS 

In carrying out its duties the Administrative 
Working Group shall have authority to designate 
interdepartmental community teams composed 
of State and other governmental agency repre- 
sentatives. These teams shall work at the com- 
munity level to assist the AWG in the 



NORTH CAROLINA REGISTER 



545 



EXECUTIVE ORDER 



development and implementation of the Com- 
mission's plan. 
These teams shall report to and work at the di- 
rection of the Administrative Working Group. 

Section 8 ADMINISTRATIVE SUPPORT AND 
EXPENSES 

The Department of Natural Resources and 
Community Development shall provide neces- 
sary staffing and administrative support for the 
Commission and the Administrative Working 
Group. Other State departments and agencies 
shall assist the Commission and Administrative 
Working Group in this undertaking by rendering 
such technical advice and assistance to them as 
is from time to time requested and by cooperat- 
ing fully in the implementation of the approved 
Coastal Initiatives Plan. 



Members of the Commission shall be entitled 
to such per diem expenses and reimbursement for 
travel expenses as authorized under N.C.G.S. 
138-5. Members who are State employees shall 
be reimbursed as authorized by N.C.G.S. 138-6. 

Funds for reimbursement of these and other 
administrative expenses of the Commission shall 
be made available from funds provided by the 
Department of Administrative, Department of 
Transportation, and the Department of Natural 
Resources and Community Development as au- 
thorized and directed by the Office of Manage- 
ment and Budget. 

Section 9 EFFECTIVE DATE 

This order shall be effective immediately, and 
shall remain effective until December 31, 1992. 

Done in Raleigh, North Carolina this the 23rd 
day of November, 1987. 



546 



NORTH CAROLINA REGISTER 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



[G.S. /20-30.9H, effective July 16, 1986, requires that all letters and other documents issued by the 
A ttorney General of the United States in which a final decision is made concerning a "change af- 
fecting voting" under Section 5 of the Voting Rights Act of 1965 be published in the North Carolina 
Register. / 



WBR:SSC:CCS:dvs 
DJ 166-012-3 

S6727 



U.S. Department of Justice 
Civil Rights Division 
Washington, D.C. 20530 



Voting Section 
P.O. Box 66128 
Washington, D.C. 20035-6128 



November 2, 1987 



Michael Crowell, Esq. 
Tharrington, Smith & Hargrove 
P.O. Box 1151 
Raleigh, North Carolina 27602 

Dear Mr. CroweU: 

This refers to the procedures for conducting the December 8, 1987, special election for the Town 
of Enfield in Halifax County, North Carolina, submitted to the Attorney General pursuant to Section 
5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received your initial sub- 
mission on September 1, 1987; supplemental information was received on September 14 and 15, 
1987. Although we noted your request for expedited consideration, we are unable to respond until 
now. 

The Attorney General does not interpose any objection to the change in question. However, 
we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that 
the failure of the Attorney General to object does not bar any subsequent judicial action to enjoin 
the enforcement of such change. See Section 51.41 of the Procedures for the Administration of 
Section 5 |52 Eed. Reg. 496 (1987)|. 



Sincerely, 

Wm. Bradford Reynolds 
Assistant Attorney General 
Civil Rights Division 

By: 



Gerald W. Jones 
Chief, Voting Section 



NORTH CAROLINA REGISTER 



547 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



U.S. Department of Justice 
Washington, D.C. 20530 



WBR:SSC:KIF:gmh 
DJ 166-012-3 
S6284 



November 12, 1987 

Robert C. Cogswell, Jr., Esq. 

Citv Attorney 

P. b. Bo.x 1513 

FayetteviUe, North Carolina 2S302-1513 

Dear Mr. Cogswell: 

This refers to the increase i.n compensation for council members for the City of FayetteviUe in 
Cumberland Count\\ North Carolina, submitted to the Attorney General pursuant to Section 5 of 
the \'otina Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received your submission on 
September 14,^1987. 

The Attorney General does not interpose any objection to the change in question. However, 
we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that 
the failure of the .Attorney General to object does not bar any subsequent judicial action to enjoin 
the enforcement of such change. See Section 51.41 of the Procedures for the Administration of 
Section 5 [52 Fed. Reg. 496 (1987)]. 

Sincerely, 

Wm. Bradford Reynolds 
Assistant Attorney General 
Civil Rights Division 

By: 

Gerald W. Jones 
Chief, \'oting Section 



548 NOR TH CAROLINA REGIS TER 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



U.S. Department of Justice 
Washington, D.C. 20530 



\VBR:MAP;ST:gmh 
DJ 166-012-3 
S5145-5146 

S6672 



November 6, 1987 



Jesse L. Warren, Esq. 

City Attorney 

Drawer W-2 

Greensboro, North Carolina 27402 

Dear Mr. Warren: 

This refers to the August 3 and September 8, 1987, annexations to the City of Greensboro in 
Guilford County, North Carohna, submitted to the Attorney General pursuant to Section 5 of the 
Voting Rights Act of 1965, as amended, 42 L'.S.C. 1973c. We received your submissions on August 
18 and September 24, 1987. 

The Attorney General does not interpose any objections to the changes in question. However, 
we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that 
the failure of the Attorney General to object does not bar any subsequent judicial action to enjoin 
the enforcement of such changes. In addition, as authorized by Section 5, the Attorney General re- 
serves the right to reexamine this submission if additional information that would otherwise require 
an objection comes to his attention during the remainder of the sixty-day review period. See Sections 
51.41 and 51.43 of the Procedures for the Administration of Section 5 [52 Fed. Reg. 496 (1987)]. 

Sincerely, 

Wm. Bradford Reynolds 
Assistant Attorney General 
Civil Rights Division 

By: 

Gerald W. Jones 
Chief, Voting Section 



NOR TH CA ROLINA REGIS TER 549 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



U.S. Department of Justice 
Civil Rights Division 



\VBR:S,SC:ST:emh 



DJ 166-012-3 Voting Section 

S5145-5146 P.O. Box 66128 

S6672 Washington, D.C. 20035-612^ 



October 19, 1987 



Jesse L. Warren, Esq. 

Citv .Xttomev 

Drawer W-2' 

Greensboro, North Carolina 27402 

Dear Mr. Warren: 

'I'his refers to the two annexations adopted August 3, 1987, to the City of Greensboro in 
Guilford County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the 
Votinsi Riahts Act of 1965. as amended, 42 U.S.C. 1973c. We received your submission on August 
18, 1987. " 

On September 24, 1987, we recei\ed an additional annexation to the city. Since these changes 
are directly related and must be reviewed simultaneously, the sixty-day review period for all changes 
now before us will expire on No\ember 23, 1987. Accordingly, by that date we will either make a 
fmal determination on these changes or request from you any specific items of additional information 
necessary to make a proper determination under Section 5. See Section 51.22(b) of the Procedures 
for the Administration of Section 5 [52 Fed. Reg. 493 (1987)]. 



Sincerely, 



Wm. Bradford Reynolds 
Assistant Attorney General 
Civil Rights Division 



By: 



Gerald W. Jones 
Chief, Voting Section 



550 NOR TH CAROLINA REGIS TER 



PROPOSED RULES 



TITLE 4 - DEPARTMENT OF 
COMMERCE 



No 



otice is hereby given in accordance with G.S. 
1 508- 1 2 thai the N.C. Department of Com- 
merce intends to adopt regulations cited as 4 
NCAC 11 .0101 - .0102: -0201 - .0202; .0301 - 
.0302; .0401 - .0404; .0501 - .0503: .0601; IJ 
.0101 - .0102; .0201; .0301. 

1 he proposed effective date of this action is 
February 1. 1988. 

1 he public hearing will be conducted at the 
following locations, times and dates: 

Room 14 

Martin Community College 

Williamston, NC 

January 19, 1988 at 1 :00 p.m. 

Bladen County Library 

Elizabcthtown, NC 

January 20, 1988 at LOO p.m. 

Simpson A dminislration Building 

Lecture Hall 

Asheville Biltmore Technical College 

340 Victoria Road 

Asheville, NC 

January 26. 1988 at LOO p.m. 

Conference Hearing Room 6168 

Dobbs Building 

430 North Salisbury Street 

Raleigh, NC 

January 27, 1988 at LOO p.m. 



Co 



omment Procedures: Written statements 
not presented at the hearings should be directed 
before January 15, 1988 to: 

\tr. William A. Dunn 
Deputy Secretary 
North Carolina Department of Commerce 
430 North Salisbury Street 
Raleigh, NC 27611 
A copy of the proposed adoption in the regu- 
lations is available for public inspection or may 
be obtained at the following address: 
Commerce Finance Center 
North Carolina Department of Commerce 
Suite 2019, Dobbs Building 
430 North Salisbury Street 
Raleigh, NC 27611. 

CIIAPTKR I - DFJ'ARTMENTAL KLIES 



SLBCHAPTER II - INDUSTRIAL BLILDING 
AND RENOVATION FUND 

SECTION .0100 - PURPOSE AND 
DEFINITIONS 

.0101 BACKGROUND AND OBJECTIVES 

(a) The purpose of the North Carolina In- 
dustrial Development Fund (also to be known 
as the Industrial Building and Renovation 
Fund) is to assist local city or county govern- 
ments located in the most economically de- 
pressed counties in the state. This assistance 
win be intended to help those units of govern- 
ment create new jobs by providing fmancing 
for the renovation or improvement and ex- 
pansion of manufacturing or industrial 
buildings so as to induce "private profit mak- 
ing" entities to occupy, by lease or purchase, 
and to operate manufacturing or industrial 
businesses. 

(b) The objective of this program will be to 
provide new full time jobs for North Carolina 
citizens. TTie department will necessarily de- 
termine that the renovations and improve- 
ments are a necessar>' part of the private fums 
decision to provide the new jobs. If it is de- 
termined that the private fum would have (or 
has already begun to) spend private money to 
make these renovations and create these jobs, 
no funds from this program will be expended. 

Statutory Authority Section 111 of Part XXH 
Chapter 830, 1987 Session Laws. 

.0102 DEFINITIONS 

(a) "Act" means Section 111 Part XXII of 
the consolidated budget act codified as Chapter 
830 of the 1987 Session Laws. 

(b) "Applicant" means a unit of city gov- 
ernment located in a qualified county or a unit 
of county government which meets the defi- 
nition of a qualified county. 

(c) "Industrial Development Fund" means 
the appropriation of monies given to the De- 
partment of Commerce for these purposes. 
This fund will also be known as and referred 
to as the Industrial Building Renovation and 
Improvement Fund. 

(d) "Qualified County" means one of the 50 
most economically depressed counties with the 
lowest median per capita income, as compared 
to the 50 least economically Repressed counties 
with the highest median per capita income. 
The median per capita income figures used in 
making this comparison and the delineation 
of "most" and "least" will be the latest avail- 
able per capita income figures, by county, as 



NORTH CAROLINA REGISTER 



551 



PROPOSED RULES 



documented in a published form by any State 
or Federal Agency generally recognized as 
having expertise and creditability in this field. 

(e) "Project" means one or more activities 
proposed for funding, or for partial funding, 
under this Rule. Such a project will be de- 
scribed in a narrative and accompanied by a 
preliminary set of drawings which set out the 
exact factual situation and a detailed schedule 
of costs from a contractor or engineer. The 
schedule must constitute an ability to complete 
such project with no more than a ten percent 
contingency. All such project material will 
provide evaluations of potential for unusual 
site characteristics which might influence con- 
struction or operating costs. 

(1) These renovations or improvements 
may include; 

(A) the construction of, or improvements 
to existing water, sewer, gas or electrical 
utility systems, distribution lines, or re- 
quired storage facilities, and or; 

(B) the renovation of buildings to include 
structural repairs, structural improve- 
ments such as roof repair, addition of 
docks, or the erection of walls or special 
structural support to support cranes; 

(C) impro\emcnts to the building neces- 
sary^ to make the builuing suitable for 
the occupancy of the building by the 
occupant and the operator of the 
project. 

Such improvements may include me- 
chanical equipment such as heating or air 
conditioning equipment, plumbing, pipes 
or trenching to handle effluents or process 
water, special electrical additions neces- 
sary for ovens, furnaces or other process- 
ors and lighting. If a renovation or an 
improvement is critical to the operation 
of a particular manufacturing or industnal 
businesses, or, if such improvements are 
critical to the decision making process 
pertinent to the creation of such jobs, the 
actual improvement need not be located 
on the site of the industrial building. Still, 
the apphcation must document the exact 
relationship of the jobs and the project. 
An example of fundable project would be 
the case where a unit of government must 
construct an elevated water lank and ser- 
vice water Lines to a building so as to 
provide sprinkler water to a building 
where such service is directly required to 
operate the industrial or manufacturing 
business. An example of a unfundable 
project would be where a unit of go\em- 
ment seeks to expand or to repair defi- 



ciencies in their total system and where 
the relationship to the creation of jobs is 
fairly general or indirect. The project will 
be described in the perspective of em- 
ployment to be created in the impact area 
of the project. Direct and indirect jobs 
will be treated separately in the discussion. 
The operator of the project will provide 
details as to the nature of direct jobs cre- 
ated, including the skills required, work 
conditions, wages paid and seasonal in- 
fluences on the number of work days per 
year. 

(f) "Renovation" shall have the same mean- 
ing as project, as described above. 

(g) "Secretary" means the Secretary of the 
North Carolina Department of Commerce or 
his designee. 

(h) "State" means the State of North 
Carolina. 

Statutory A ulhority Section 1 1 1 of Part XX U 
Chapter 830, 1987 Session Lava's. 

SECTION .0200 - GENERAL REQLIREAIENTS 

.0201 DATE FOR RECEIPT OF 
APPLICATIONS 

The Department of Commerce will receive 
applications after November 15, 1987 on a 
first-come, first-serve basis. Applications will 
be assigned a processing case number when 
that application is received and is judged to be 
sufficiently complete for consideration. Where 
possible, applications will be processed in the 
order of the processing numbers assigned. 

Statutory Authority Section III of Part XXII 
Chapter 830, 1987 Session Laws. 

.0202 GRANT CATEGORIES 

(a) Applicants can apply for funding under 
different grant categories, including the catego- 
ries of 

(1) utility improvements or additions 
owned by pubUc bodies; 

(2) utihty improvements or additions 
owned by private entities; 

(3) industrial facilities owned by public 
bodies but being leased or being im- 
proved for immediate or delayed sale to 
private operators, or to private "arms- 
length" landlords; 

(4) industrial and manufacturing facUities 
owned by private "non-profit" entities 
such as "Community Development 
Corporations" or "Committees of 100" 
funded and, or endorsed bv the elected 



552 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



leadership of the unit of Government; 
and 
(5) industrial and manufacturing facilities 
owned by "for profit" entities to be 
improved by funds loaned to the private 
"profit-making" entity by a unit of city 
or county government. 

(b) There is no minimum grant amount 
which applicants may request or be awarded. 
Grant awards shall not exceed the total 
amount specified by the General Assembly in 
its appropriation process. Chapter 830 of the 
1987 Session Laws, in Section 111, Paragraph 
(2), limited the maximum grant to a sum not 
to exceed the lesser amount the two hundred 
fifty thousand doUars ($250,000), or a total of 
twelve hundred dollars ($1,200) for each job 
created. For the purpose of this Section, the 
per job limitation will be imposed on the basis 
of requiring a commitment from the occupying 
industrial or manufactunng fixm as to the 
number of jobs it will create over a reasonable 
period of time, not to exceed three years. The 
number of jobs created wlU include only those 
people directly employed in permanent or sea- 
sonal jobs by the operator who occupies the 
facility; indirect and temporary jobs will not 
be included. 

(c) When a project renovation or improve- 
ment is to be accomplished to a building or 
on a site owned by a private entity, whether 
the private entity is conducted on a "for 
profit" or on a "not for profit" basis, the 
project will be financed by a loan to that pri- 
vate entity. This loan will be made to the 
private entity by the local unit of government 
with funds made available from this program. 
In each case, the local unit of government wiU 
establish its own authority to do that fmanc- 
ing. Reference is made to Chapter 639 of the 
General Statutes. Ihe applicant wlU require 
and provide to the Department of Commerce 
satisfactory' documentation that all costs are 
reasonable and that all funds are to be ex- 
pended with regard to the conflict of interest 
statutes regulating business transactions be- 
tween gON'emment officials and other involved 
parties. The applicant will propose a plan of 
project administration which is satisfactory for 
the Department of Commerce. 

(d) All funds expended which directly assist 
participating private entities must be repaid to 
grant recipients and then returned to the De- 
partment of Commerce as such repayments are 
received. Such repaid funds will not be re- 
turned to the General Fund, but set aside to 
fund new projects approved under this Sub- 
chapter. Generally, project grants classified 



under Rule .0202 (a) will not be repaid. Re- 
payment for projects otherwise classified may 
be given subordinate collateral positions, in- 
terest costs which are at less than market rates, 
or amortization which defers cash flow, in so 
long as requests are documented as necessary 
to the creation of jobs and the success of the 
project. 

Statutory Authority Section III of Part XX 11 
Chapter 830, 1987 Session Laws. 

SECTION .0300 - SELECTION PROCESS 

.0301 REVIEW OF APPLICATIONS 

(a) Applications will be submitted in a 
maimer prescribed by the Department of 
Commerce. Selection of applications for 
funding will be based primarily on information 
contained in the application. Thusly the ap- 
plication must provide sufficient information 
for the Department of Commerce to rate them 
against the selection criteria. When an appli- 
cation is deemed complete, it will be assigned 
a processing case number. 

(b) Applications must be received by the 
Department of Commerce, in the Commerce 
Finance Center, Room 2019, Dobbs Building, 
430 N. Salisbury Street, Raleigh, North 
Carolina 2761 1. The department will maintain 
a pohcy that applications be approved or de- 
nied by the last day of the calendar month 
following assignment of a processing case 
number as set out in Rule .0201 (a). When 
possible, applications will be processed in the 
order that case number are assigned. 

Statutory Authority Section III of Part XXI I 
Chapter 830, 1987 Session Laws. 

.0302 ELIGIBILITY REQUIREMENTS 

(a) Applications will show that: 

( 1 ) That this funding is a vital part of the 
proposal to create the jobs set out and 
that the jobs will not be created if the 
project goes unfunded, and 

(2) That the project is completely funded 
or fmanced, except for the particular 
funds sought in the application, and 

(3) The involvement of the local umt of 
government is formally authorized by 
its elected board under specific resol- 
ution and by specific State Statute, and 

(4) The participating private entity must 
provide a letter of commitment relating 
to the project. That letter will state that 
the project is to be carried out as de- 
scribed in the application, with 



NORTH CAROLINA REGISTER 



553 



PROPOSED RULES 



specificity as to time schedules and to 
the parties involved. 

Statutory Authority Section III of Part XXII 
Chapter 830. 1987 Session Laws. 

SECTION .0400 - APPROVAL CRITERIA 

.0401 GENERAL 

In order for the Department of Commerce to 
approve a project, the secretary is required to 
make certain findmgs necessary to document 
that the Department of Commerce is con- 
ductmg the duties specifically given to it in 
Chapter 830 of the 1987 Session Laws, those 
duties expressed in other General Statutes, and 
in Rule .0402 of these procedures, in a re- 
sponsible and prudent manner. 

Statutory Authority Section III of Part XXII 
Chapter 830. I9S7 Session Laws. 

.0402 REQL IRED FINDINGS 

(a) Before the Department can begin to 
make the approval as specified in G.S. Chapter 
830, a fmding must be made that the project: 

(1) Will assist a unit of Government in one 
of the most economically depressed 
counties of the State as measured by 
median per capita income. 

(2) The funds will be used for renovation 
of buildings to be used in manufactur- 
ing ;ind industnal operations. 

(b) The secretar\' wUl document, a fmding 
based on data provided to him either in the 
application or by staff research, that the jobs 
to be created by this project over no more than 
a three year period, will be large enougli in 
number to have a measurable fa\orable impact 
on the area immediately surrounding the 
project and wLU be commensurate with the size 
and cost of the grant to the project. The de- 
partment wUl use as a guideline, a standard of 
requinng one job saved or generated for each 
one thousand two hundred dollars ($1,200) in 
grant financing. The applicant has the burden 
of demonstrating that the jobs will have a 
measurable impact on the county. 1 he appli- 
cant must show by clear and convincing evi- 
dence the number and type of such jobs 
generated or saved. 

(c) The secretary will make a fmding that the 
operator of the proposed project has demon- 
strated the capabilities to operate such a facil- 
ity. The applicant has the burden of showing 
that capability exists in the operator to operate 
and mountain the facility efficiently and effec- 
tively. Financial strength and prior related 



experience by the operator will be given great 
weight. Where little or no prior experience can 
be demonstrated, the qualifications of man- 
agement, including production or engineering 
staff, applicable, will be of great significance. 

(d) The secretary will make a fmding that the 
financing of such project by the authority wUl 
not cause or result in the abandonment of an 
existing industrial or manufacturing facility of 
the proposed operator of an affiliate elsewhere 
in the state unless the facility to be abandoned 
because of obsolescence, lack of available la- 
bor, or site limitations. The department shall 
consider an abandonment statement as prima 
facie proof of lack of abandonment. 

(e) The department shall use the definitions 
of terms found in Section .0200 of this Sub- 
chapter to make these fmdings. 

Statutory Authority Section III of Part XXII 
Chapter 830. 1987 Session Laws. 

.0403 FORMAL APPLICATIONS 
PROCEDLRES: DENIAL 

(a) Unless the apphcant has met its various 
burdens of proof the secretary shall not make 
his required fmdings. 

(b) All findings shall be in writing and where 
adverse findings are made, they shall specif- 
ically indicate in detail which elements of proof 
were weak, the required conclusions which 
could not be made and any suggestions for 
amending the application. 

Statutory Authority Section III of Part .X.YII 
Chapter 830, 1987 Session Laws. 

.0404 FORMAL APPLICATION 

PROCEDLRES: APPROVAL 

(a) Where the secretary makes all the fmdings 
necessary, he will do in writing to the applicant 
at the earliest possible date after following the 
procedures as set forth in this Subchapter. 

(b) The secretary will prepare a letter of ap- 
proval in which all his fmdings as set forth and 
cause this letter to be m;iiled to the applicant. 

Statutory Authority Section III of Part XXII 
Chapter 830. 1987 Session Laws. 

SECTION .0500 - RESERVATION OF FUNDS 

.0501 GENERAL 

(a) Umts of government may apply for a 
"120 day reservation" of funds, relating to a 
particular building renovation, so as to allow 
local units of government to induce prospec- 
tive private sector employers to locate or ex- 
pand and thusly, to create new jobs. The 



554 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



secretary may accept and approve the requests 
where local units of government can: 

(1) Document that they have the potential 
for a project of strong merit; 

(2) Where a particular employer is inter- 
ested in a proposed industrial building; 

(3) W^ere strong competitive offers have 
been made to the client in other states 
or where more comparative proposals 
have been made to the potential em- 
ployer by communities located in the 
least distressed counties. That applica- 
tion would be prepared along the lines 
of the application for approval de- 
scribed in Rule .0302 of this Subchap- 
ter, except that the data normally 
obtained from the client or potential 
employers would not be necessarily 
prepared by the client and would not 
be required in such detail. 

Statutory Authority Section 111 of Part XXI I 
Chapter 830, 1987 Session Laws. 

.0502 LIMITATIONS 

Such approvals may be made in so long as 
that the "resenation of funds" for that project 
will not cause the total program funds "re- 
served" in that manner to exceed a sum not 
larger than an amount equal to one-third of 
the total of program funds not previously 
committed in the regular approval process. 
The total of programs funds not previously 
committed will include appropriated funds, 
those funds received in repayment from recipi- 
ents, interest earned, accrual in escrow ac- 
counts and funds not used and reverted from 
either approved projects or from "reserved" 
funds. 

Statutory A uthority Section I II of Part XXII 
Chapter 830, I9S7 Session Laws. 

0503 REVERSION OF FUNDS 

An approval for "reservation" of funds for 
projects will not predicate approval or funding 
of a project. When a formal and complete 
application for approval of a project has not 
been filed by the applicant that requested the 
eservation of funds, before the expiration date 
af the "reservation of funds", the department 
nay revert those funds back to the program 
rvithout any obligation to the unit of govem- 
nent. Such reversion of funds will be com- 
municated to the Unit of Government in 
vriting. 



Statutory Authority Section III of Part XXII 
Chapter 830, 1987 Session Laws. 

SECTION .0600 - REPORTING 
REQUIREMENTS 

.0601 REPORTING REQUIREMENTS 

(a) The Department of Commerce will re- 
port annually to the General Assembly con- 
cerning the applications made to the fund and 
the payments made from the fund and the im- 
pact of the payments in the targeted counties. 
This report will be filed annually with the 
General Assembly either at the expressed con- 
venience of the House and the Senate or by 
March 1 of each year at the offices of the Lt. 
Governor and the Speaker of the House. 

(b) The Department of Commerce will also 
file monthly reports with the Joint Legislative 
Commission and the Fiscal Research Division. 
These reports will commence on November 
30, 1987 and shall name the party(s) to whom 
payments were made, in what amounts, and, 
for what purposes. 

Statutory Authority Section III of Part XXII 
Chapter 830, 1987 Session Laws. 

SUBCHAPTER IJ -NORTH CAROLINA JOBS 
TAX CREDIT 

SECTION .0100 - PURPOSE AND 
DEFINITIONS 

.0101 BACKGROUND AND OBJECTIVES 

Chapter 568 of the 1987 Session Laws pro- 
vides that certain employers may be eligible for 
and may qualify for a credit against the tax 
proposed by the North Carohna Department 
of Revenue. This credit of two thousand eight 
hundred dollars ($2,800) may be claimed when 
qualifying full-time employees are added by an 
eligible employer in a severely distressed 
county. The legislation sets out particular re- 
sponsibilities for three separate departments of 
State Government; this Section is to set how 
the Department of Commerce will conduct 
activities and responsibilities assigned to it un- 
der this act. 

Statutory Authority G.S. 1 05 -1 30.4(c), ■ 

I05-I30.4(d); 105-151. 17(c); 105-151. 17(d); 
Chapter 568 of the 1987 Session Laws. 



.0102 DEFINITIONS 

(a) "Distress factor" 
fmed as the sum of: 



a distress factor is de- 



NORTH CAROLINA REGISTER 



:>:>3 



PROPOSED RULES 



(1) the county's rank in a ranking of coun- 
ties by rate of unemployment from 
lowest to highest, and 

(2) the county's rank in a ranking of coun- 
ties by per capita income from highest 
to lowest. 

(h) "Date of signing" shall be defmed as the 
date on which the Secretary of Commerce, his 
designee, or the Commerce Finance Center 
receives and accepts as complete, a commit- 
ment under Paragraph (d) of G.S. 105-130.4 
and G.S. 105-151.17. Such a commitment will 
not be so defmed unless it is signed by a officer 
of the corporation or by the taxpayer. 

(c) "Department" means the North Carolina 
Department of Commerce. 

(d) "Eligible employer" is defmed as a cor- 
poration that engages in, or that is a taxpayer 
that owns a business that engages in, manu- 
facturmg, agribusmess, procession, warehous- 
ing, retailing, research and development or a 
sep.ice-related industr>', as determined by the 
North Carolina Employment Security Com- 
mission. 

(e) "Full time employee" is defmed as an 
employee who holds a full time job. 

(f) "Full time job" is defined as a position 
that is located in the distressed county and re- 
quires at least 1600 hours of work per year and 
is intended to be held by one person during the 
entire year. A job is considered to be in the 
county if: 

(1) at least 50 percent of the employees du- 

ties are performed in the county, or 

(2) the employee is a resident of the county. 

(g) "Letter of Commitment" is defined as an 
agreement between the department and a cor- 
poration or a taxpayer that is: 

(1) determined as ehgible for this credit by 
the Employment Security Commission, 
or 

(2) if a formal determination has not been 
made by the Employment Security 
Commission, that has received a advi- 
sor>' opinion to that effect from that 
agency's chief counsel. This letter of 
commitment will set out: 

(A) the name of the corporation or the 
individual taxpayer entity that will file 
the North Carolina tax return under 
Chapter 105, 

(B) the name that will be used in the 
conduct of business, if different from, 

(C) the permanent or Home Office ad- 
dress of the management group direct- 
ing the operation of the business, 



(D) the location(s) of the qualifying 
business operations within the dis- 
tressed county, 

(E) a schedule showing the number of 
permanent full time positions to be 
created and the time sequence for their 
being filled, 

(F) an estimate of the cost of new capital 
expenditures within the distressed 
county over the two year time period 
of the commitment, 

(G) an official contact with the operating 
firm to whom inquiries pertinent to the 
agreement can be directed, 

(H) the firm's statement regarding 
awareness of and acceptance of proce- 
dures relating to the program being re- 
quired by the North Carolina 
Employment Security Commission, es- 
pecially as regards to the fding of quar- 
terly wage reports, 
(I) the date of signing, as defmed in (b) 
of this Rule. 
(h) "Severely distressed County" is defmed 
as a county designated as such by the Secretary 
of the Department of Commerce. The secre- 
tary will make such a designation only if a 
county has a distressed factor that is one of the 
20 highest in the state and it has an unem- 
plo\ ment rate of seven percent or more. 

Stalutoty Authority G.S. I05-I30.4(c): 
I05-I30.4(d); 105-151 .17(c): 105-151 .I7{d); 
Chapter 56S of the 1987 Session Laws. 

SECTION .0200 - DESIGN.ATION OF 
SEVERELY DISTRESSED COUNTIES 

.0201 DESIGNATION OF SEVERELY 
DISTRESSED COUNTIES 

On or before December 3 1 of each calendar 
year, the secretary of the department shall des- 
ignate which counties are considered as se- 
verely distressed, and shall provide that 
information to the Secretary of Revenue. The, 
department will obtain from the North 
Carolina Employment Security Commission 
the adjusted monthly estimates of unemploy- 
ment for the most recent 36 month penod for 
which data is available. Those monthly esti- 
mates will be averaged and those averages used 
to rank the counties by arranging them in nu- 
merical order of the county with the lowest 
unemployment as number 1 to the county 
with the highest unemplovment as number 
100. 

The department will obtain from the I'nited 
States Department of Commerce the latest 



556 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



available annual per capita income figures, by 
county, for the most recent 36 month percent 
for which data is available. Those annual fig- 
ures will be averaged and those averages used 
to rank the counties in numerical order of the 
county with the highest per capita income av- 
erage as number 1 to the county with the 
lowest per capita income average as number 
100. These two rankings will be totaled so as 
to provide a sum which will be the county's 
distress factor. Those 20 counties with the 
highest distress factors will be enumerated. 
That list of 20 counties will be compared to the 
adjusted unemployment figures for the latest 
month in that 36 month period data obtained 
from the Employment Security Commission. 
Where that county unemployment rate for that 
latest month is seven percent or more, the 
secretary wUl designate the county as severely 
distressed, documenting that: 

(1) a county has a distress factors which is 
one of the 20 highest in the state, and 

(2) a county has an unemployment rate of 
seven percent or more. 

The list of counties so designated wiU be 
provided to the Secretary of the North 
Carolina Department of Re\cnue. In addi- 
tion, written notice of that designation will be 
given to the chairman of elected governing 
board in each county so designated. 

Statutory Authoritv G.S. I05-I30.4(c); 
I05-I30.4(d): 105-151. 17(c): 105-151 .17(d); 
Chapter 56S of the 1987 Session Laws. 

SECTION .0300 - LETFER OF 
COiVliVllTMENT 

.0301 LETTER OF COMMITMENT 

"Letter of Commitment" will be made in the 
form prescribed by the Dep;u1mcnt of Com- 
merce, rhey will complete as dcfmed in Rule 
.0102 (g) of this Section. When accepted and 
signed by the secretary, or his designee, that 
acceptance will be given in writing to the 
person(s) or entity offering the commitment. 
These commitments will be received and will 
be kept on record at the Commerce Finance 
Center, Room 2019, Dobbs Building, 430 N. 
Salisbury Street, Raleigh, North Carolina 
27611. A summary listing of those commit- 
ments made available to the Department of 
Revenue within 90 days after the close of each 
calendar year. 

Statutory Authoritv G.S. I05-I30.4(c); 
l05-/30.4(d); 105-151 .17(c): 105-151 .17(d): 
Chapter 568 of the 1987 Session Laws. 



TITLE 10 - DEPARITVIENT OF HUMAN 
RESOURCES 



iSotice is hereby given in accordance with G.S. 
I50B-I2 that the Director of the Division of 
Mental Health, Mental Retardation and Sub- 
stance Abuse Services intends to amend regu- 
lations cited as 10 NCAC I4C .1114: 
.1117(b)(4). 

1 he proposed effective date of this action is 
April I, 1988. 

1 he public hearing will be conducted at 1 1:00 
a.m. on January 15, 1988 at Administration 
Building, Room 3106T, 116 West Jones Street, 
Raleigh, NC 27611. 

K^ omment Procedures: Any interested person 
may present his/her comments by oral presen- 
tation or by submitting a written statement. 
Persons wishing to make oral presentations 
should contact: Jan Warren, Division of Men- 
tal Llealth, Mental Retardation and Substance 
Abuse Services, 325 N. Salisbury St., Raleigh, 
N.C. 27611. (919) 733-7971 by January 15, 
1988. The hearing record will remain open for 
written comments from December 15, 1987 
through January 15, 1988. Written comments 
must be sent to the above address and must 
state the ruleirules to which the comments are 
addressed. Fiscal information on these rules is 
also available from the same address. 

CHAPTER 14 - MENTAL HEALTH: GENERAL 

SUBCHAPTER I4C - GENERAL RULES 

SECTION .1 100 - STATE AND FEDERAL 
FUNDS ADMINISTERED 

.1 1 14 FUNDING EARLY INTERVENTION 
FOR CHILDREN WITH MR/DD 

(a) The division shall administer a program 
of grants to area programs to be called funds 
for early intervention for tfe« children with 
mentally r e tard e d, mental retardation or other 
developmental disabilities. 

(b) Such grants shaU be used to provide for 
the establishment of local multidisciplinary 
teams for the provision of program consulta- 
tion, family support and family centered train- 
ing for preschool children, (defmed as those 
who have not reached their fifth birthday on 
or before October 15 of the school year) within 
the following guidelines: 



NORTH CAROLINA REGISTER 



557 



PROPOSED RULES 



(1) A minimum ef W porou'iit trf tb« activo 

cauoload, oxcluding children m ocreon 
iftg fe* admicisions ftB4 follow along, 

3T^rr^r l^J ^TTTTTTTT II 1\J U.C.T1T rCTTTCW ^TT V 'U l IT T^T 

thr e e yoara. Children served shall be 
mentally retarded, developmentally dis- 
abled, developmentally delayed or have 
atypical dc\elopment or he at risk for 
one of these conditions. 

(2) A minimum ei- W percent ef activ e cuco i i, 

oxcludini; childr e n » dcrecning fof a4- 
mior . ion afi4 follow along, r . hall fee 
modorutoly, C ' L" ! tToly ef profoundly 
mcntciUy retarded, t+f infants «f* to throo 

T V II I ^ rrr ti^^J tt t ivr lu tj tit i ii ijT 1 1 uiv r^rr 

mental retardation, fef ' i shom a d i ag 
noi . tic label trf mental retardation is ir- 
appropriate. a* certified t*y a licensed 
phy.uciun. 44*e r e maining ^ percent 
ef active car e s may be within tbe see- 
ondary pnority population L . pecifiod i» 
(b'K ' l) &f At* Rul e . Pnonty shall be 
given to those children under three 
years of age. 
(44 I'rionty shall be giv e n te liigli risk- m- 

rCTTTTTT LI L ' I \_' \ 1 11 V, <>,' f \^ LLTT' T^I LIC,V^ CXTTCr HIT. TT_t 

eralely. severely »ft4 profoundly 
retiirded children ttf> te- three years ef 

f4| SecondaP i pnonty shall be gi' i ' e n to 
children W ' ho afe mentally retarded »f 
who have other developmental disabili 
tte* B* delays. 

f44 rvt+ eligible child und e r thr e e y e ars ef age 
shall remain »«■ a ' ■ salting Ut^t- fof sef- 

1 •«."■. 1 .^ T 1-1 T- >-»-l .--1 .-. t t t-1 • ^ T T --^ «1 i^t <•■ "t 1 .f'* ■'< ■'■ «" «^t ■-» «-l * V-1 

> IC'^^M iXTT mTTl^? 1 1 fill I rm^ L'tllUTIUUT lllV.'llLll 

unless att actis'e cases ate witliin Ae 
priority population listed m (b)(.]) ef 
tb+* Rul e . 

(c) To apply for funds for early inter\'ention, 
fof Ae mentaUy retarded, an annual plan and 
budget for such funds shall be included in the 
appropriate area program's total annual plan 
and budget package when it is submitted to the 
regional office of the division. 

(d) Funds for early intcrs'ention fef A<e 
mentally retard e d shall be allocated among the 
regions of the division by the division director. 

(e) Based on the approved annual plan and 
budget request submitted and availability of 
funds, allocation of funds for earh' intervention 
fof t4*e mentally retarded to area programs 
shall be approved by the division director or 
his designee. 



.1117 CRANT-IN-AID FOR ADULT 
DRVELOPMENTAL ACTIVITY 
PROGRAMS 

(b) Such grant-in-aid funds shall be used to 
suppotl clients who are: 

(4) eligible for ADAP grant-in-aid regard- 
less of fmancial resources with the ex- 
ception of a client whose work earnings 
exceed one-half the federal statutory 
minimum wage over a consecutive 
90-day period. With prior approval of 
the appropriate regional director, clients 
who are participating in a supported 
employment program authorized by the 
division may have earnings in excess of 
one-half the minimum wage. Eligibility 
for clients in non-supported employ- 
ment settings whose earnings have ex- 
ceeded over one-half the minimum 
wage for over 90 consecuti\e days may 
be extended for up to one calendar year 
if supported employment options are 
not available locally and the client is 
ineli.gible for other ser\ices from the 
Division of Vocational Rehabilitation, 
or if the client's social, behavioral or 
\ocational skill deficits preclude partic- 
ipation in supported emplo\ment 
options and results m ineligibility for 
other \'ocational rehabilitation services. 



Requests for the extension shall be 
based on a joint meeting between a 
representative of the involved ADAP, 
the local Vocational Rehabilitation 
unit, and the area program. The re- 
quest shall be submitted to and ap- 
proved by the designated area program 
qualified mental retardation profes- 
sional responsible for client certit- 
ication. The request shall identify the 
specific skill deficits precluding eligibil- 
ity for supported employment or other 
vocational rehabilitation services and 
plans for reducing these deticits. The 
certification extension may be reapplied 
for a ma.ximum of two times. The 
same criteria and procedures shall be 
followed in each instance of reapplica- 
tion as arc required for the initial ex- 
tension. 

Siaiuiory Aulhoritv G.S. I22C-II2 (a) 
(6); I22C-I31: 122C-I41. 



Slatutory Authority G.S. I22C-1 12(a)(6); 
122C-I3I: I22C-I4'': I22C-I50. 



±****-k*-k-k-k*-k*****-k 



558 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



No 



otice is hereby given in accordance with G.S. 
I SOB- 1 2 that The Di\'ision of Vocational Reha- 
bilitation Services intends to amend regulations 
cited as 10 NCAC 20 A .010! - .0102; 20B 
.0101 - .0108. 

1 he proposed effective date of this action is 
April I, 1988. 

1 he public hearing will be conducted at 7:00 
p.m. on January 14, 1988 at Conference Room, 
Division of Vocational Rehabilitation Services, 
620 North West Street, Raleigh, North 
Carolina. 

{^ omment Procedures: Any interested person 
may present his/her comments by oral presen- 
tation at the hearing for a maximum of ten 
minutes or by submitting a written statement. 
Any person wishing to make an oral presenta- 
tion should contact: Jackie Stalnaker, Special 
Assistant for Plans and Policy, Division of Vo- 
cational Rehabilitation Senices, P. O. Box 
26053, Raleigh, North Carolina 2761 1, (919) 
733-3364 by January 13, 1988. The hearing 
record will remain open for written comments 
for 30 days from December 16, 1987 through 
January 14, 1988. Written comments must be 
sent to Jackie Stalnaker at the address specified 
above by January 14, 1988 and must state the 
proposed rule or rules to which the comments 
are addressed. Fiscal information is also 
available upon request from the same address. 

CHAPTER 20 - VOCATIONAL 
REHABILITATION 

SLBCIIAPTER 20A - IDENTIFYING 
INFORMATION 

SECTION .0100 - niVISIONAL STRLCTL'RE 

.0101 RULES IN THIS CHAPTER 

¥fee division si vocational rohabiiitation sw- 
vicius is looatLHl at- 620 North Wor . t St root. Pest 
Offiee ewt 26053, Rul e igli, NwA Carolina, 
27611. Us offic e hour» afe M^ armr te- &M 
^Tfftr Monday through Friday. 

The Rules in this Chapter govern the pro- 
vision of services bv the Division of Vocational 



Rehabilitation Services of the Department of 
Human Resources under the Rehabilitation 



Act of 1973, Public Law 93-112, as amended; 



G.S. SB; G.S. 143-545 and 143-546; G.S. 



143B-213 through 143B-216.5; and G_S, 168 
and 16SA. 



Statutory Authority G.S. 8B-1(3); 143-545; 
143-546; 143B-10; 143B-216.5; 168; 168 A. 

.0102 DEFINITIONS 

fh» purpose »f tfe© division ef vocational Fe- 
habilitation oon'ic e s is to aosiot m the vooa 
tionol rohabiiitation &f physically em4 montally 
disabled persons under tb» state pte» fof ve- 
cational rohabiUtation son'ic e s by dovoloping a 
compr e honsivo rang e ef e valuation aft4 roha 
bilitation programs, aB4 by promoting iit» 
nocossaP r ^ oooiotal, environmental, aft4 eee- 
nomical changes needed fer those individuals 
to be accepted, assimilated, aft4 adjusted into 
ali aspects ef society aft4 achieve a state ef 
non dependency. ^fh» primary geal is to place 
handicapped people m a jefe through a pro 
gram »f vocational rehabihtation seP i ^ices. Its 
responsibilities includ e : 

f44 ^1*» provision »f continuous statewide 
planning directed toward current assess 

1 1 1\. 1 1 1 J cTT 1 iL \. VJ J \J I 1 lUl lU H-T.I L* I.' l-TJ LI I VI I T l\l UUI J 

tively mot, 

(3^ th«* provision ef a comprehensive evalu 
ation ei tfee disabled individual afi4 tl*e 
provision ©4^ a comprehensiv e program ef 
vocational rehabilitation sor i icos to tbe 
eligible handicapped, 

f^ t4*e pro' i ision ©f leadership ift tfee dovol 
opment »f facilities aftd- programs needed 
i» A** state fof rohabihtating tbe hand 
icappod, 

(4) th« developing aft4 maintenance sf ee- 
oporati' i 'o relations em4 programs with *t*e 
public aft4 private agencies ef tb# state 
aft4 its communitios i» order to better 
meet tite needs ©f t4*# handicapped, 

(4^ tb« performanc e ©f functions aft4 f»- 
sponsibilitios related directly to oth e r fed- 

f6) the provision ©f gen e ral administration 
fof the stat e vocational rehabilitation pro 
gram under the state plan. 

As used in this Chapter, the following terms 
have the meaning specified: 

(1) "Division" means the Division of Voca- 
tional Rehabilitation Services of the De- 
partment of Human Resources. 

(2) "Division director" or "director" means 
the Director of the Division of Vocational 
Rehabilitation Services. 

Statutory Authority G.S. 143-545; 143-546; 
143B-10; I43B-216.5; 168. 

SUBCH.\PTER 20B - PROCEDURE 



NORTH CAROLINA REGISTER 



559 



PROPOSED RULES 



SECTION .0100 - RULEMAKING 
PROCEDIRES 

.0101 PURPOSE AND SCOPE 

f^ Af»v pjrcon vriiihing to subntit a petition 
roquoi ' ting A* adoption, omondmont, ef repeal 
6^ a ft*ie tȴ A# divioion ef vocutional rohabiJ 
itation f ' On'ices s4»tt addrooo ^fee petition to^ 

Diroctor 

Di' . if ' ion €4" \'oC ' atiQnal Rohabilitation Sonicco 

6J0 North Weet- Street 

Raleigh. North CaroUna 2761 1 
Tbe director v4ii be recponL . ible fof notifying 
A<* h e aring otTicer. Department ef Human 
Re ' jourcec i t*f i i uch petition. 
fb4 44^ petition should contain i\et» foUov i ing 
infomKition: 

f4-^ either a draft ©f Uw propoC ' ed Biie ef a 

sunimap . »f its content; 
Qrf otatutor/ authority ©f tbe agency to 

promulgate tiw Fwier 
(4-^ rea - j - on i L . fof the proposal; 
f+f effect t»f existing rul e' j &f orderd: 
f?-)' aft¥ date supporting tfee proposal; 
f4+ etT e ct ei" tfee proposed !=«ie »» e.xisting 
practices » Ae afea m' l olved. including 

f^ names aft4 addresi ^ es. if knov , n. t*f those 
most lil^ ' ly to be affected by Ae pro 
posed rule; aft4 
fS-^ name aftd address ef petitioner. 

fef 44te director vrttt determme. based ©ft a 
stud; .' &f t+H* facts stated ift Ae petition. 
V i hether ti*e public interest wtii be oened by 
granting the petition. ?be director shall con 
sid e r all tbe contents ef Ae submitted petition. 
f44** aftv additional rnfomiation be deems rel- 
e' l ant. 

fd-f Within ^ days ef subinis - jion ef the f>e- 
tition. t^ Director ef Ae Division »f \'oca 
tional Rehabilitation Senices v411 render a 
decision to deny ibe petition ef to initiate 
rulemaking proceedings. 14 Ae decision k to 
deny Ae petition. Ae director ¥411 ncnify tbe 
petitioner ift V i riting. stating tbe reasons fo* the 
demul. ff tbe decision i* to approv e tl^ p e ti 
tion. the director w+11 initiat e a rulemaking 
proceeding bv issuing a rul e making notice, a* 
provided ift th e se rules. 44*e dir e ctor ¥r*il be 
responsible fef notifying tfee heunng otf'ic e r. 
Department ©f Human R e sources ef bi* deci 

(a) The purpose of Rules .0101 through 
.0108 of this Section is to set forth the Di\ision 



of \'ocational Rehabilitation ScrMces" proce- 
dures for rule-makina heanngs and declaratory' 
rulings. 



fb) The procedures in these Rules shaU be 
followed by persons wishing to submit com- 
ments, written or oral, at rule-making hearings, 
by persons requesting additional information 
regarding proposed or adopted rules, and bv 
persons requesting declaratory rulings. 

(c) As used in these Rules, the term "rule" 
has the meaning specified in G.S. 150B-2(8a) 
and includes the amendment or repeal of a 
prior rule as wqW as the adoption of a new rule. 

Statutory Authority G.S. 143-545; 143-546; 
I43B-I0(j)(2); 150B-II. 

.0102 PETITIONS 

(^ Upon a d e t e rmination to bel4 a 
rul e malcing proceedmg, either ift response to a 
petition »f otherwise, Ae division ef sooa 
tional rehabilitation senicoo wiH ^¥e 4© days 
notice to aU interested parties ef a public 
hearing »» the proposed rul e . 

fb-^ iVny person e* agency desiring to be 
placed eft tbe mailing list- fef the division ef 
vocational rehabilitation senices rulemaldng 
notices may file a request « wnting, furnishing 
their name rov^ maihng address with Aee 

Deputy Director 

Division ef \'ocational Rehabilitation Sersicos 

^^ North We^ Street 

R.aleigli, > i "orth Carolina 2761 1 
(-64 44*e division erf % ocational rehabilitation 
services wiH review its mailing li^ periodically, 
aft4 may vrrit e to afty- person ©ft the fet to ifi- 
quir e whether tlw* person wishes to remain »» 
tfee fe+T if ft© response t* received. tl»t- person 
H^ay be r e moved from tbe fotr 

fd-)- if practical »f appropriate, public notice 
ei rulemaldng proceedings vviH be seftt- to 
community, special interest, governm e nt, trade 
Bf professional organL^ations f©f pubhcalion. 

(-e+ \Mien the agency intends to adopt a Hile 
by refer e nce. Ae rulemaldng notice wtH ift- 
clude. i» addition to tbe requir e m e nts stated ift 
North Carohna General Statut e 150 . \ 12(a): 
(4-} name aft4 address ©f agency ©f organ 
ieation which previously adopted tl^ 
material, 
f34 tole aft4 identifying number ©f pr e vi 

ously adopted material, aft4 
f^ date aft4 edition ©f previouL . ly adopt e d 
material. 
(-ff P e rsons desiring informat ieft ift addition 
to tbat provided m a particular rulemalang 
notice may contact tfee^ 

Deputy Director 

Division ©f N'ocational Rehabilitation Services 

430 North We^ Street 



560 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



iJest. Qfik© Be* 3405^ 
Ruloigh, North Carolina 2761 1 

(a) Any person wishing to submit a petition 
requcstin>^ the adoption, amendment, or repeal 
of a rule by the division director shall address 
the petition to: A. P. A. Coordinator, Division 
of Vocational Rehabilitation Services, P.O. 
Box 26053, Raleidi, North Carolina 27611. 

(b) The petition shall contain the following 
information: 

(1) either a draft of the proposed rule or a 
summary of its contents and the statu- 
tory authority for the division director 
to promuliiate the rule; 

(2) reason for the proposal; 

(3) etlect of existing rules; 

(4) anv data supporting the proposal; 

(5) the effect of the proposed rule on exist- 
ing practices in the area involved, in- 
cluding cost factors; 

(6) names and addresses, if known, of those 
most likely to be alTccted by the pro- 
posed rule; and 

(7) name and address of the petitioner. 

(c) The division director shall determine, 
based on a study of the facts stated in the pe- 
tition, whether the public interest will be 
sen,ed b\ granting the petition. 1 he division 
director shall consider all the contents of the 

additional information 



petition, plus any 

deemed relevant 

(d) The division director shall render a final 
decision on the petition within 30 da\s of 
submission of the petition. If the decision is 
to deny the petition, the petitioner shall be 
notified in writing and pro\idcd the reasons for 
the denial. Denial of the petition shall be 
considered a final agency decision as specified 
in G.S. 150B-16. ff the decision is to approve 
the petition, rule-making proceedings shall be 
initiated in accordance with the Rules in this 
Section. 



Statutory Authority G.S. 143-545: 143-546; 
I43B-I0(j}(2): l5bB-ll: I50B-I6. 

.0103 NOTICE 

44*e Dir fcj ctor ef the Disi 'i ion ©f Vooutioiml 
Rehabilitation Sen'icco shall dooignuto tift4 a«- 
thorizo e«« »f moro hoanng officorr i te- be 
h e aring officoro ift » rulomaking hearing. 

(a) When a rule-making hearing is scheduled, 
in response to a petition or otherwise, the di- 
vision shall give notice of a public hearing. 
The notice shall meet the requirements of G.S. 
150B-12. 

(b) Persons desiring information in addition 
to that provided in a particular rule-making 



notice shall contact the division's A. P. A. Co- 
ordinator or other person specified in the 
hearing notice according to the directions in 
the notice. 

Statutory Authority G.S. 143-545; 143-546; 
I43B-I0(j)(2); I50B-II; 150B-I2. 

.0104 HEARINGS 

(rt^ Afty person dooiring te prosont data, 
vi e ws, &f arguments orally &» tfee proposed 
Ftile must, at least throe days b e fore y*e hoar 
iftgr file a request with tbef 

Doputy Director 
Division ^ Vocational Rehabilitation Sop i iceo 

4J« North Werf- Stfeet 

R©^ Qffiee fie* 340^ 
Pcalfigh, North Carolina 3761 1 
This requirement may be wai^'od e* a failur e 
te file a roquost may be oxcusod fof good caus e 
by the presiding officer. i\ny person permitted 
te mali e ae efai pres e ntation is encouraged te 
submit ft written copy ef the pr e sentation te 
deputy dirootor prior te ef at- the hearing. 

fbf A r e quest te mal(o a» e*ai presentation 
must contain a brief summary ef the request 
if« persons' views with respect te the subject 
matter, aft4 a statement ef the l e ngth ef the 
time the person intends te speak. Prosenta 
tions may net excood +© minutes unl e ss, upon 
request either before ef at the h e arings, the 
hearing officer grants ae extension ef time fi»f 
good cause. 

(e) ^the doputy director shall promptly ae- 
knowledge receipt ef a request te make ae efat 
pr e s e ntation aft4 wiii inform the p e rson fe- 
questing ef any limitations deemed neoessaP j f 
te the eed- ef a fitii aH4 efFectis' e pubhc hearing 
e» the proposed rule. He w4H' ake notify the 
hearing office. Department ef Human Re- 
sources ef such roquost. 

(44 I ' Vny person may fih» a written submission 
containing data, commonts, ef arguments after 
publication ef a rulomaldng notice «^ te aft4 
including the day ef the hearing unloso a longer 
period is stat e d ie the particular notic e ef ae 
extension ef time is granted fef good cause. 
A submission must clearly state the fele ef 
proposed f«4e te which the comments afe ad- 
dressed aft4 must ake include the name aft4 
address ef the person submitting itr Written 
submissions must he sent te ther 

Doputy Director 
Division ef Vocational P^ehubililation S e r i 'ic e s 

630 North West Str ee t 

Rest ©ffiee fie* 340^ 
Raleigh, North Carolina 2761 1 



NORTH CAROLINA REGISTER 



561 



PROPOSED RULES 



^^ deputy director witt promptly uclcnov i vl 
e dg e rec e ipt »4- ttli written fiubrrLi;: i L . iono aft4 »©- 
tiiy A<* hearing olTic e , Depcirtmont »f Human 
ReLKiurccL i . 

(a) Oral Presentations. Anv person desiring 
to make an oral presentation on a proposed 
rule should tile a request at least one day prior 
to the heanng with the division's A. PA. Co- 
ordinator or other person specified in the 
heanng notice. Any person making an oral 
presentation is encouraged to submit a written 
copy of the presentation to the hearing olTicer 
pnor to or at the hearing. Oral presentations 
shall not exceed H) minutes unless, upon re- 
quest either before or at the hearing, the hear- 
ing otTicer grants an extension of time for good 
cause. 

(b) Written Submissions. 

( 1) An\' person may fUc a written sub- 
mission containing data, comments, or 
arguments within the 30-day period that 
the hearing record is open for wntten 
comments. Ihe deadline for written 
submissions shall be stated in the hear- 



mg notice. 



(2) The uritten submission shall clearh 



state the proposed rule to uhich the 
comments are addressed and shall also 
include the name and address of the 
person submitting it Wntten sub- 
missions shall be sent to the person and 
address specified in the hearing notice. 
fe-^ (c) Management of 1 leanng. The pfe- 
r . iding heanng officer a* tbe heunnu sh;dl have 



complete control of the procoedingo hearing, 
including; 

(1) the responsibility of having a record 
made of the proceodingo, hearing. 

(2) extension of any time allotments, 

(3) recognition of speakers. 

(4) elimination of repetitious prciontation, 
presentations, and 

(5) general management of the hearing. 

(d) Fair Opportunity to Present Views. The 
pr e- jiding hearing officer shaU anr . ur e insure that 
each person at- participating in the hearing is 
given a fair opportunity to present \-iews, data, 
and comments. 

Statuton' Aulhohtv G.S. 143-545: 143-546: 
l43B-l6(j)(2): I50B-II: I50B-I2. 

.0105 .lusriFic.vnoN of ri i,k-m aking 

HKCISION 

(a) Any interested person, either prior to 
adoption of a rule or within 30 da\s thereafter. 
who desires from t+H* di' i i^ . ion e4^ socational 
rehiibiUtation oer i icef i a concise wntten state- 



ment of the principal reasons for »f and against 
the doolGion adoption of a rule by the division 
director ©f Vocational Rohubilitation Ser i 'icoo 
t^ adef>t- Bf Fej^et a ft^e and the factors that led 
to overruling the considerations urged against 
its adoption, may, oithor pnor te Ae dociuion 
ef within ^ days ther e aft e r, submit a request 
to: Aer 

Deputy Dirootor A. PA. Coordinator 

Division of Vocational Rehabilitation Services 

2620 North West Street 

Post Office Box 26053 

Raleigh, North Carolina 27611 

(b) For purposes of this Rule, an "interested 
person" shall be any person, group, or organ- 
ization as defined ift Q^ 150A 2(7), whose 
rights, duties, or privileges might be affected 
by the adoption of the rule. 

(c) The request must shall be made in writ- 
ing, aft4 muDt shall contain a statement show- 
ing that the roquor . ting individual submitting 
the request is an "interested person", and must 
shall identify the nile or proposed rule in- 
volved. 

(d) The division director ef t4*e Divioion ef 
Vocational Rehabilitation Services shall issue 
A# a written statement of reasons for or 
against its deoioion the adoption or rejection 
of the rule within 4^ 30 days after Ae receipt 
of the request. 

Statuton' Authoritv G.S. 143-545; J 43-546; 
/43B-/0(j)(2); 1503-11; I50B-12. 

.0106 RECORD OF RL LE-MAKING 
HEARINGS 

A record of aU rule-making proceeding!) 

1 IV. (Xl 11 1 tl,0 m^^UU U T C, \XI I T L'V 111 n_'l 1 J 1 W^'I ' V^J \J J 11 IV 

divioion ef vocational rehabilitation oervioos 
shall be maintained by the office of the divi- 
sion's A. P. A. Coordinator. The record divi 
s+eft aft4 shall be available for public 
inspection during regular office hours. This Fe- 
oord w4H and shall include: 

(1) A© original anv petitions related to the 
hearing, 

(2) the hearing notice, 

(3) all written memoranda and information 
submitted, 

(4) a record of the oral hearing, aR4 

(5) a final draft t*f the rule, any statement of 
reasons issued to an interested person ac- 
cording to Rule .0105 of this Section, and 

(6) a fm^d draft of the rule. 

1+ wtU bt* maintained » a frle at- the Di' i iinon 
&f N'ocational Pa'habilitation SoP i icQC, 6^ 
North Went Street . Raleigh. North Carolina, 



562 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



3761 1, aft4 v4H be a^'uilablo fof public m- 
opection during regular offic e houru. 

Statutory Authority G.S. 143-545; 143-546; 
143B-I0(j)(2); I50B-II. 

.0107 FEES 

A fee »f tvvonty Tivo conts (SO. 35) per page 
shall fee ohargod by the divinion ef vocational 
rohabilitation CL'n'icoo te- poroono roquooting 
matorialo rotating te Ae rulomaldng hearing. 
Except when a statute provides otherwise, the 
division may charge a fee to cover the costs of 
meeting requests for information related to the 
rule-making hearing including material, dupli- 
cating, mailing, and allocable personnel costs. 

Statutory Authority G.S. 12-3. 1(c); 143-545; 
143-546: I43B-I0(j)(2): 1503-1/. 

.0108 DECLARATORY RLLINGS 

(a) ?4ie Dir e ctor ef the Divioion ef Voca 
tional Rehabilitation SoP i 'iooo shall have Vhe 
power te make declarator) ' rulings. ^Ml re- 
quests for declaratory' rulings shall be b^ writ- 
ten petition and shall be submitted to: the? 

Director A.P.A. Coordinator 
Division of Vocational Rehabilitation Services 
620 North West Street 
Post Oflke Box 26053 
Raleigh, North Carolina 27611 
The director wtli be rooponuiblo fof notifying 
the hearing office ef Ae Departm e nt »f H«- 
man Rooourcos ©f ouoh request . 

(b) Every request for a declaratory ruling 
must shall include the following information: 

(1) the name, aft4 address, and telephone 
number of the petitioner; 

(2) the statute, ©f rule, or order to which 
the petition relates; 

(3) a concise statement of the reasons why 

manner i» ' ■ ■ ■ hioh the petitioner is 
aggrieved by the rule, ef statute, or or- 
der, or its potential application to the 
petitioner; him, and 

(4) the consequences of a failure to issue a 
declaratory ruling. 

(c) Whenever the director beUeves for good 
ause that the issuance of a declarator)' ruling 
5 undesirable, he the director may decline m- 
■«ee to issue one. ]n such cases. When good 
:auso i* deemed to e xist, the director shall no- 
ify the petitioner in writing »ft4 the hearing 
ifTico ©f the Department ©f Human Rosouroos 
)f hi* the decision stating the reasons for the 
lenial of a declaratory ruling. The director 
nay decline refuse to issue a declarator.' ruhng 



in the following specific circumstances: con 
eider the validity ©fa Fwler 

ft) unlooo the petitioner shows that the eif- 
cumstancos afe s© changed since 

titiOpilOU WT trtt? rtiit? ttrrlT orlOIi cr FUiilrtf 

would be warrant e d; 

(^ unless the rulomaldng r e cord e vidoncoo 
a failur e by the agency t© consider 
spocifiod relevant factors; 

f^ tf there has boon a similar controUing 
factual dotormination m a contested 
case, ©f if the factual context boing 
raised fof a doolarator)' ruling was spe- 
cifioaUy considered upon adoption ©f 
the i=Bie boing questioned as ovidencod 
by the rulomaldng record; ©f 

othorv i 'iso Icnown t© the agency show 
that a contested ease hearing would 
pres e ntly be appropriate. 

(1) if the request for a declaratory ruling 
addresses a situation or fact(s) similar 
to those specifically considered at the 
rule-making hearing and is found in the 
rule-making record; 

(2) if the petitioner cannot show that the 
circumstances arc so changed since 
adoption of the rule that such a ruling 
would be warranted; or 

(3) if the circumstances stated in the request 
indicate that there is a factual dispute 
and a contested case hearing would be 
more appropriate. 

(d) When issuing Whore a declaratory ruling 
is deemed appropriate, the director wiU shall 
issue the ruling within 60 days of receipt of the 
petition. 

(e) A declaratory ruling procedure may con- 
sist of written submissions, oral hearings, or 
such other procedures as may be deemed ap- 
propriate at the discretion ©t b^ the director in 
a particular case. 

(f) The director may notify issuo notioo t© 
persons who might be affected by the ruling 
that they may submit written comments ma>' 
be submitt e d or make oral presentations fe- 
ooivod at a scheduled hearing. 

(g) A record of all declaratory ruling pro- 
ceedings wiii shall be maintained by the divi- 
sion's A.P.A. Coordinator and shall be 
available for inspection during regular business 
hours. ©4 vocational rehabilitation sorsices. 
This record wili shall contain: 

(1) the original request, 

(4^ reasons fof refusing t© issue a ruling, 

(4) [2) all written memoranda and informa- 

tion submitted, 
{4\ (3} a record of any oral hearing, and 



NORTH CAROLINA REGISTER 



563 



PROPOSED RULES 



(4^ (4) a statement of the ruling, or the rea- 
sons lor refusing to issue a ruling. 
I his rocurJ Vrtli bt> maintaijiod m st i^ a* tb« 
Division t»^ Vocational Rohabilitation Son'iooo, 
^aa North W«rt Stroot, Ral e igh, North 
Carolina, 2761 1, aH4 v44 t*© availablo fe* pub 
lie ini . poction during regular offic e hours. 

Stalulory Authority G.S. / 43-545: 143-546; 
I43B-I0{j)(2); / 508-1/; I50B-I7. 

TITLE 1 1 - DEPARTMENT OF 
INSURANCE 



ly otice is hereby given in accordance with G.S. 
150B-I2 that the Department of Insurance in- 
tends to amend regulations cited as 1 1 SCAC 
13 .0507 and .0508. 

1 he proposed effective date of this action is 
April I, I9SS. 

1 he public hearing will be conducted at 10:00 
a.m. on January 15, I9SS at 3rd Floor Hearing 
Room. Dobbs Building, 430 \. Salisbury Street. 
Raleigh, NC 276//. 



Co 



omment Procedures: Written comments 
should be sent to: Fred Mohn, N.C. Depart- 
ment of Insurance. P. O. Box 26387, Raleigh, 
NC 276/ /. He mav be contacted by phone at: 
(9/9) 733-2200. 

CHAPTER 13 - SPECIAL SERVICES 
DIVISION 

SECTION .0500 - BAIL BONDSMEN AND 
RLNNERS 

.0507 SECURITY DEPOSIT BY 

PROFESSIONAL BONDSMAN 

(a) The first five thousand dollars ($5,000) 
of the security deposit required under General 
Statute 85C-30 shall be certificates of deposit 
from a North Carolina bank or savings and 
loan association of the professional 
bondsman's choice or other negotiable securi- 
ties satisfactory" to the commissioner. Such 
CLTtificatc's ef deposit ef othor securities shuU 
bt* registered et% follows: " Ireasurer »f the 
Stat e b( North Carolina h* trust fof (name ef 
professional bondsman) <*fi4 the Slat e trf N\)rth 
Carolina a* their resp e ct i' . 'e int e rests mriy ap- 
pe»f und e r Chapter ^4G t+t" Ae North Carolina 
(lenerol Statutes." Such certificates of deposits 
or other securities recei\ed bv the North 
Carolina Department of Insurance will be 



transferred to a master trust bank pursuant to 
N'CGS 58-7.5. The registration of such secu- 
nties should read as follows: "(Name of 
.Master Trust Bank) as custodian for the North 
Carolina Department of Insurance for the 
benefit of (Name of Professional 
Bondsman)." 



(b) Security over and above the first five 
thousand dollars ($5,000) may consist of bonds 
of the United States or the State of North 
Carolina, other nogotiablo socuritioo ef a fifst 
mortgage »» real property, upon roviov . ' aft4 
accoptanco by ih» Commissionor ef Insurance. 
and other negotiable securities upon review 
and approval by the Commissioner of Insur- 
ance. 



Statutory Authority G.S. 
S5C-30. 



58-7.5; 85C-2(a); 



.0508 STOCKS OR BONDS AS SECURITY 

When stocks or bonds are submitted to the 
Commissioner of Insurance by a professional 
bondsman as security deposit and are found 
satisfactory by the commissioner, the profes- 
sional bail bondsman shall sign and deliver to 
the commissioner, in addition to the power of 
attorney specified in General Statute 85C-32, 
an "irrevocable stock or bond power" on 
forms supphed by the commissioner. -Pfee 
irrevocable stock m- bond power shall contain 
a descnption »f the stocks ef bonds being de- 
posited as security, a statement Aat the pro 
fessional bondsman soUs, assigns aH4 transfers 
the stocks t>f bonds te ^4^ 1 roasuror »f the 
Stat e ef North Carolina m trust fof (name ef 
professional bondsman) stfr4 the Stat e ef North 
Carolina as their rospectis'e int e r e sts may ap- 
pear under Chapt e r 84G »f the North Carolina 
General Statutes" aft4 othor pertinent infor 
mation The irrevocable stock or bond power 
shall contain a description of the stocks or 
bonds being deposited as security, a statement 
that the professional bondsman sells, assigns, 
and transfers the stocks or bonds to the (Name 
of the .Master Taist Bank) as custodian for the 
North Carolina Department of Insurance for 
the benefit of (Name of Professional 
Bondsman). 

When satisfactorv' bonds are submitted to the 
commissioner by a professional bail 
bondsman, the commissioner will accept 80 
percent of the fair market value of such bonds 
as the amount of security furnished. When 
satisfactory stocks are submitted by a profes- 
sional bail bondsman, the commissioner will 
accept 60 percent of the fair market value of 



564 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



such stocks as the amount of security fur- 
nished. 

Statutory Authority G.S. 58-7.5; 85C-30. 

TITLE I4A - DEPARTMENT OF CRIME 
CONTROL AND PUBLIC SAFETY 

ly otice is herebv given in accordance with G.S. 
I50B-I2 that the Department of Crime Control 
& Public Safety-Governor' s Crime Commission 
intends to adopt regulations cited as I4A 
NCAC 7 .0106 - .0109; .0204 - .0211; .0308 - 
.0318; .0406 - .0407; .0504; and repeal regu- 
lations cited as 14 A NCAC 7 .0101 - .0105; 
.0201 - .0203; .0301 - .0307; .0401 - .0405; 
.0501 - .0503. 

1 he proposed effective date of this action is 
April I, 1988. 

1 he public hearing will be conducted at 10:30 
a.m. on January 14. 1988 at Library, Second 
Floor, Archdale Building, Raleigh, AC. 



Co 



comment Procedures: Any interested person 
may present comments relevant to the action 
proposed at the public hearing either in written 
or oral form. Written statements not presented 
at the public hearing may be directed prior to 
the hearing to the Administrative Procedures 
Coordinator, Second floor, Archdale Building, 
512 N. Salisbury Street, Raleigh or P.O. Box 
27687. Raleigh, NC 276/ 1-7687. 

CIIAI'TER 7 - DIVISION OK GO\ KRNOR'S 
CRIMK COMMISSION 

SECTION .0100 - PURPOSE: ORGANIZATION 

.0101 GOVERNOR'S CRIME COMMISSION: 

PURPOSE (REPEALED) 
.0102 DIVISION OF GOVERNOR'S CRIME 

COMMISSION: PURPOSE 

(REPEALED) 
.0103 GOVERNOR'S CRIME CO\LMISSION: 

ORGANIZATION (REPEALED) 
.0104 DIVISION OK CJOVERNOK'S CRIME 

COMMISSION: ADDRESS 

(REPEALED) 
.0105 RULE-MAKING AND 

ADMINISTRAIINE HEARING 

PROCEDl RES: APPEAL 

(REPEALED) 



Statutory 
143B-477; 
1 50 A- 14. 



.'\uthoritv 
143B-479; 



G.S. I43B-10(b}; 
143B-480; I50A-1I; 



SECTION .0200 - GRANT APPLICATION 
FORM AND SUBMISSION PROCEDURES 

.0201 GRANT APPLICATION FORM AND 
REQUIREMENTS (REPEALED) 

.0202 APPLICATION SUBMISSION 
PROCEDURES (REPEALED) 

.0203 APPLICATION RECEIPT DATES 
(REPEALED) 

Statutory Authority G.S. I43B-477; I43B-479. 

SECTION .0300 - GUIDELINES FOR 

PLANNING: ASSUMPTION OF PROJECT 

COSTS: GRANT PERIOD: SINGLE 24 MONTH 

APPLICATION: APPLICATION TIME 

PERIOD FOR SPECIFIC ELIGIBLE 

GRANTEES 

.0301 COST ASSUMPTION PLANS: FUND 

MATCHING REQUIREMENTS 

(REPEALED) 
.0302 GRANT PERIOD (REPEALED) 
.0303 A SINGLE 24 MONTH APPLICATION 

WITH TWO 12 MONTH BUDGETS 

(REPEALED) 
.0304 APPLICATION TIME PERIOD FOR 

SPECIFIC ELIGIBLE GRANTEES 

(REPEALED) 
.0305 DISALLOWED COSTS (REPEALED) 
.0306 INDIRECT COSTS (REPEALED) 
.0307 MINIMUM DOLLAR AMOUNT FOR 

APPLICATION ACCEPTANCE 

(REPEALED) 

Statutory Authority G.S. 143B-477; 143B-479. 

SECTION .0400 - APPLICATION REVIEW 
PROCEDURES 

.0401 ACKNOWLEDGEMENT OF 

APPLICATION BY QUARTERLY 

RECEIPT DATE (REPEALED) 
.0402 CONSISTENCY WITH CRIME 

COMMISSION CRIMINAL JUSTICE 

PLANS (REPEALED) 
.0403 COMPLETE APPLICATIONS 

(REPEALED) 
.0404 PROCESSING MERITORIOUS 

APPLICATIONS (REPEALED) 
.0405 APPLICATION MODIFICATIONS 

(REPEALED) 

Statutory Authority G.S. I43B-477; I43B-479. 

SECTION .0500 - GRANT TERMINATION 
AND APPEAL 

.0501 GRANT TERMINATION (REPEALED) 
.0502 LOSS OF GRANTEE ELIGIBILITY 

(REPEALED) 
.0503 APPEAL (REPEALED) 

Statutory Authoritv G.S. /43B-477; I43B-479. 



NORTH CAROLINA REGISTER 



565 



PROPOSED RULES 



SECTION .0100 - PURPOSE: ORGANrZATION 

.0106 GOVERNOR'S CRIME COMMISSION: 
PURPOSE 

The Governor's Crime Commission shall 
have the following powers and duties: 

(!) To serve, along with its committees, as 
the chief advisor)' board to the Governor 
and to the Secretary of the Department 
of Crime Control and Public Safety on 
matters pertaining to the criminal justice 
system; 

(2) To recommend such plans which may 
be required by any state or federal grant 
programs, as well as programs, policies, 
and proposed legislation for the improve- 
ment of criminal justice throughout the 
state which are consistent with and serve 
to foster the following established goals 
of the criminal justice system: 

(a) to reduce crime, 

(b) to protect individual rights, 

(c) to achieve justice, 

(d) to increase efficiency in the criminal 
justice system, 

(c) to promote public safety, 

(f) to provide for the administration of a fair 

and humane system which offers rea- 
sonable opportunities for adjudicated 
offenders to develop progressively re- 
sponsible behavior, and 

(g) to increase professional skills of criminal 
justice officers; 

(3) To advise state and local law enforcement 
agencies in improving law enforcement 
and the administration of criminal justice; 

(4) To make studies and recommendations 
for the improvement of law enforcement 
and the administration of criminal justice; 

(5) To encourage public support and respect 
for the criminal justice system in North 
Carolina; 

(6) To seek ways to continue to make North 
Carolina a safe and secure state for its cit- 
izens; 

(7) To recommend recipients of grants for 
use in pursuing the commission's objec- 
tives under such conditions as are deemed 
to be necessan,'; 

(8) To serve as a coordinating committee and 
forum for committees formed pursuant to 
G.S. I43B-480 and Rule .0108(b) of this 
Section; 

(9) To serve as the primary' channel througli 
which local law enforcement departments 
and citizxns can lend their advice, and 



state their needs, to the Department of 
Crime Control and Public Safety. 

Statutory Authority G.S. I43B-479. 

.0107 GOVERNOR'S CRIME COMMISSION 
DIVISION: PURPOSE 

(a) The Govemor's Crime Commission Di- 
vision shall provide professional and clerical 
services required by the Govemor's Crime 
Commission and its committees and shall ad- 
minister federal criminal justice block grant 
programs and such additional related programs 
as may be estabUshed or assigned to the Gov- 
ernor's Crime Commission. It shall serve as 
the single state planning agency for purposes 
of federal anti-crime and related programs. 

(b) Administrative responsibilities shall in- 
clude, but are not limited to the following: 

(1) Compiling data, establishing needs and 
setting priorities for funding and poUcy 
recommendations for the Govemor's 
Crime Commission; 

(2) Preparing and revising programs, poli- 
cies, proposed legislation and such 
plans which may be required by state 
or federal grant programs for adoption 
by the Govemor's Crime Commission, 
which are designed to improve the ad- 
ministration of criminal justice and to 
reduce crime in North Carolina; 

(3) Advising state and local interests of 
opportunities for securing federal as- 
sistance for crime reduction and for 
improving criminal justice adminis- 
tration and planrung within the State 
of North Carolina; 

(4) Stimulating and seeking fmancial sup- 
port from federal, state, and local gov- 
ernment and private sources for 
programs and projects which imple- 
ment adopted criminal justice adminis- 
tration improvement and crime 
reduction plans; 

(5) Assisting state agencies and units of 
general local government and combina- 
tions thereof in the preparation and 
processing of applications for fmancial 
aid to support improved criminal justice 
administration, planning and crime re- 
duction; 

(6) Encouraging and assisting coordination 
at the federal, state and local govem- 
ment levels in the preparation and im- 
plementation of criminal justice 
administration improvements and crime 
reduction plans; 



566 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(7) Applying for, receiving, and disbursing 
funds received for the programs for cri- 
minal justice administration, planning 
and crime reduction purposes; 

(8) Entering into, monitoring, and evalu- 
ating the results of contracts and agree- 
ments necessary or incidental to the 
discharge of its assigned responsibilities; 

(9) ProN'iding technical assistance to state 
and local law enforcement agencies in 
developing programs for improvement 
of the law enforcement and criminal 
justice system; and 

(10) Taking such other actions as may be 
deemed necessary or appropriate to 
carry^ out its assigned duties and re- 
sponsibilities. 

Statutory Authority G.S. I43B-477. 

.0108 GOVERNOR'S CRIME COMMISSION: 
ORG.VNIZATION 

(a) The Governor's Crime Commission of 
the Department of Crime Control and Public 
Safety consists of 40 members, including the 
Governor. The composition of the 41) mem- 
bers is estabUshed by G.S. 143B-478. 

(b) The Chairman of the Governor's Crime 
Commission shall have the authority to estab- 
lish such ad hoc committees from the mem- 
bership of the commission as may be necessary 
or appropriate to further the commission's 
objectives. 

Statutory Authority G.S. I43D-478: I43B-4S0. 

.0109 GON ERNOR'S CRIME CO.MMISSION 
DIVISION: ADDRESS 

The Governor's Crime Commission Di\ision 

may be contacted at the foUov\ing address: 

Executive Director 

Governor's Crime Commission Di\ision 

P. O. Box 27687, 430 N. Salisbury St. (Dobbs 

Building) 

Raleigh, North Carolina 27611-7687 



Statutory 

477. 



Authority G.S. I43B-I0(b): I43B- 



SECTION .0200 



GRANT PREAPI'LICATION 
PROCESS 



.0204 NOTICE OF AVAIEABILITV OF 
FLNDS 

Within 90 days of notice to the division of 
availability of grant funds, the executive direc- 
tor will contact eligible grantees announcing 
the availability of such funds, and outlining the 
preapplication process. 



Statutory Authority G.S. I43B-477; I43B-479. 

.0205 CONSISTENCY WITH ST.ATE OR 
FEDERAL GRANT PROGRAMS 

To be considered for funding, a preapplica- 
tion must be for a project whose objectives are 
consistent with the objectives and guidelines 
set forth in a state or federal grant program and 
relevant plan as may have been approved by 
the Governor's Crime Commission. Any such 
plans shall be available for public inspection 
at the offices of the Governor's Crime Com- 
mission Division, and will contain the types 
of programs anticipated with program and 
project goals and objectives. 

Statutory Authority G.S. I43B-477; I43B-479. 

.0206 REQUEST FOR PREAPPLICATION 
FORMS 

Interested applicants should request a "Pre- 
appUcation Form" from the division. 

Statutory- Authority G.S. I43B-477; 143B-479. 

.0207 GRANT PREAPPLIC.\TION FORM 

The preapplication form contains the foUow- 
ing elements which must be completely ad- 
dressed in accordance with the appropriate 
state or federal grant program guidelines, 
and 'or relevant plan, and preapplication in- 
structions: 

(1) general administrative information, 

(2) problems addressed by proposed project, 

(3) project operation, 

(4) detailed budget narrative and budget 
summary, 

(5) original signature of authorizing official, 

(6) additional supporting material as may be 
requested. 

Statutory^ Authority G.S. /43B-477; I43B-479. 

.0208 PREAPPLICATION SUBMISSION 
PROCEDURES 

(a) AU applicants must submit the original 
and two copies of the preapplication form. 

(b) Preapplications must be submitted by 
hand-delivery, or by certified or registered mail, 
postage prepaid, return receipt requested. 

(c) Preapplications must be hand-delivered 
or postmarked to the Governor's Crime Com- 
mission Division on or before February 15 of 
each year, or on such other date as may be 
announced in the Notice of Availability of 
Funds. 

Statutory^ Authority G.S. /43B-477; I43B-479. 



NORTH CAROLINA REGISTER 



567 



PROPOSED RULES 



.0209 INCOMPI ETE PREAPPI.IC ATIONS 

If a preapplication is found to be incomplete, 
the lixecutive Director of the Division or his 
designee may: 

(1) reject the preapplication; or 

(2) contact the applicant to obtain additional 
infonnation or corrections. 

Statutory Authority G.S. I43B-477; I43B-479. 

.0210 REMEW OE PREAPPLICATIONS 

(a) Major factors in deciding which preap- 
plicanii shall be designated eligible grantees, 
as determined by the Executive Director of the 
Governor's Crime Commission Division, are: 

(1) completion of all requirements set forth 
in these Rules; 

(2) sufficiency of documentation of the 
problem and project operation; 

(3) detailed budget narrative and budget 
summars ; and 

(4) other factors that may be contained in 
the relevant plan, if any. 

(b) The Executive Director of the Gover- 
nor's Crime Commission Division or his de- 
signee shall score each preapplication using an 
objective rating scale. 

(c) The commission or the rele%'ant com- 
mittee shall then re\ie\v the preapplications 
and a summary of the ratings, and shall re- 
commend to the secretary which preapplicants 
should be determined to be eligible to submit 
complete applications for grant awards. The 
secretary shall then decide which preapplicants 
will be eligible to submit grant applications. 

Statuton' Authority G.S. 143B-477; 1438-4^9. 

.0211 NOTIEIC.VTION TO PREAPPLICANTS 

The executive director or his designee shaU 
notify the preapplicants, in writing, within 60 
days of the date on which preapplications are 
due, as to whether their preapplications have 
been approved and they have been designated 
as eligible grantees, or rejected. However, fmal 
appro%al and funding is contingent upon suc- 
cessful completion of the application process 
and receipt by the Go\emor's Crime Com- 
mission Di\ision of state or federal grant pro- 
gram funds. 

Statutoiy .Authority G.S. J43B-477; I43B-479. 

SECTION .0300 - GRANT APPLIC.VTION 
PROCESS AND ADMINISTRATION 

.0308 APPLICAIION EORM AND 
REQl IREMENIS 



(a) Once preapplicants have been notified 
that their preapplications have been approved 
and they have been designated as eligible 
grantees, they must submit an application 
form. Applicants must use the application 
form entitled "Governor's Crime Commission 
Grant Application", which will be provided by 
the division. 

(b) Any changes required by the federal or 
state governmental authorities in matching ra- 
tios, policies, rules, or procedures, as contained 
in the current issue of these Rules, the relevant 
state or federal grant program and related 
guidelines, shall be considered to be in effect 
at the time of their approval. Such changes 
shall be published Ln the next publication of 
the application form. 

Statutory Authority G.S. I43B-477; I43B-479. 

.0309 APPLICATION SUBMISSION 
PROCEDURES 

(a) /Vll applicants must submit the original 
application and one copy to the Governor's 
Crime Commission Division. 

(b) Non-govemmental agencies must pro- 
vide for a unit of local or state go\cnimcnt to 
serve as the project grantee and submit the 
proper number of copies as outlined in (a) of 
this Rule. 

(c) Applications must be submitted by 
hand-delivery, or by certified or registered mail, 
postage prepaid, return receipt requested. 

Statutory Authority G.S. I43B-477; I43B-479. 

.0310 APPLICATION DUE DATE 

(a) Applications must be hand-dehvered or 
postmarked to the Governor's Crime Com- 
mission Division on or before April 15 of each 
year, or on or before such other date as may 
be announced in the Notice of Availability of 
Funds. 

(b) Upon written request of and approval 
by the executive director or his designee, the 
deadline for submitting an application may be 
extended for up to 60 days after the announced 
deadlme date. If the apphcation is not received 
within the approved extension period, the pre- 
applicant forfeits eligible grantee status and 
loses funding for the program identified in the 
preapplications. 

Statutory Authority G.S. 143B-477: I43B-479. 

.0311 GRANT APPLICATION PROCESS 

(a) Grant applications requesting a total of 
less than two thousand dollars ($2,000) in fed- 



568 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



cral funds will not be accepted, unless other- 
wise specified in the Notice of Availability of 
Funds. 

(b) Applications are reviewed by the execu- 
tive director or his designee. Applications 
must adhere to the guidelines for the appro- 
priate state or federal grant program and in- 
clude the following elements, as described in 
the application instructions: 

(1) general administrative mformation; 

(2) problems addressed by proposed pro- 
ject; 

(3) a goal statement, measurable objectives 
of the project and project activities; 

(4) project operation; 

(5) monitoring and evaluation cnteria for 
the project; 

(6) detailed budget description including a 
budget narrative, budget surruniiry, and 
matching funds information; 

(7) a hst of grant conditions which must 
be agreed to by an authorizing official 
of the appHcant; 

(8) a certification of non-supplanting; 

(9) a plan for assumption of project costs 
on a continuing basis by the applicant; 

(10) a statement of consent authorizing 
certain sers'ices or outlays made by 
other agencies to be charged against 
funds which could be used by local un- 
its of goN'emment if appropriate, (and 
if applicable); 

(11) a certification of filing of an equal em- 
ployment opportunity program; 

(12) a certification of filing of an cn\iron- 
mental evaluation (if applicable); 

(13) a certification of submission of appli- 
cation to the state budget ofTicer (state 
agencies only); 

( 1 4) memorandum of agreement or contract 
with local governmental unit (private, 
non-profit programs only); 

(15) original signatures of authorizing offi- 
cial, implementing project director, and 
applicant's chief financial officer; and 

(16) agreement to submit annual audit of 
program. 

(c) Applications for first year funds of an 
approved two year project should be made ac- 
cording to the procedures set out in .0311(b) 
of these Rules for one >car grants, except the 
measurable objectives and activities sections, 
the project operation section, and the moni- 
toring and evaluation section must be written 
to cover the entire approved grant period. 
These objectives and activities and operations 
sections will then serve to guide the projects 
throughout the duration of their grant periods. 



Apphcants must also submit two one-year 
budgets. 

(d) If an application is found to be incom- 
plete, the executive director or his designee wiU 
send written notice to the applicant specifically 
noting the deficiencies. Such notice will indi- 
cate the date the grant apphcation was received 
and the date it was returned. When any ap- 
plicant has been requested to correct a defi- 
ciency in any application, but has failed to do 
so within 30 days of such notification, that 
applicant's ehgibihty will be forfeited, and 
those funds will be reallocated. However, for- 
feiture will not occur if the appHcant makes a 
written request for extension (of not more than 
45 days), and the request is approved by the 
executive director. 

Statutory Authority G.S. I43B-477; I43B-479. 

.0312 GRANT PERIOD 

Projects will be assigned a grant period of up 
to two years, and, whenever possible, the 
grant's ending date shall coincide with the close 
of the grantee's fiscal year. 

Statutory Authority G.S. 1438-477; I43B-479. 

.0.113 TWO YEAR LIMITATION ON 
rEDERAI. FLNDING 

Grantees may receive up to two years of 
funding on a project, at such ratios of federal 
funds to matching state or local funds as may 
be specified by each particular federal grant 
program or relevant guidelines. The two-year 
funding limit applies even if a project receives 
funds from more than one federal criminal 
justice block grant source during that time. 

Statutory Authority G.S. 1438-477; I43B-479. 

.0314 GRANT AWARD CON IRACTS 

Grant award contracts, bearing the original 
signatures of the grantee's authorizing official 
and the executive director, must be returned 
by the grantee to the Governor's Crime Com- 
mission Division within 30 days of maihng. 
No alterations of any kind may be made on 
this contract. 

Statutory .Authority G.S. I43B-477; I43B-479. 

.0315 INDIRECT COSTS 

Indirect costs (including, but not hmitcd to, 
any costs of administering the project) arc not 
allowable expenditures for any grant awarded 
with federal criminal justice block grant funds. 



NORTH CAROLINA REGISTER 



569 



PROPOSED RULES 



Statutory Authority G.S. 1438-477; 143B-479. 

.0316 DISALI.O\\ED COSTS 

Due to the administrative costs invol\cd in 
processing a refund from grantees, disallowed 
federal costs may not be required to be re- 
funded. All questioned and or disallowed 
costs for any amount must be fully explained 
in the auditor's report; however, it is the exec- 
utive director's responsibility to decide if a re- 
fund is required, based on the reasons for the 
disallowed costs. 

Statutory Authority G.S. 143B-4": I43B-479. 

.0317 CONTINLATION FLNDS 

(a) In order to apply for second year con- 
tmuation funds, grantees must submit a Cu- 
mulative Progress Report, and either a full 
Grant Application or a Subgrant Adjustment 
Request. 

(b) The executive director or his designee 
will review the request for continuation funds 
based on the grantee's documentation of satis- 
factory' grant performance. The applicant wiU 
be notified in writing of approval or rejection 
of the request for continuation funds. 

Statutory .Authority G.S. l43B-4~^: l43B-4"9. 

.0318 ADJUSTMENTS TO GR.WTS 

Requests for adjustments (regarding budget, 
program, and personnel, for example) to ap- 
proved applications may be made at an\' time 
up to 90 days before the project's scheduled 
termination date by using the Subgrant Ad- 
justment Form and providing sufficient expla- 
nation for the proposed amendments. 

Statutory Authority G.S. 1438-4"': I43B-479. 

SECTION .0400 - PENALTIES 

.0406 GRANT TERMIN.\TION OR 
SUSPENSION 

(a) A grant may be terminated or fund pay- 
ments suspended by the executive director, 
where he or she fmds a failure to comply with 
the terms and conditions of the: 

(1) grant award contract; 

(2) grant application; 

(3) guidelines promulgated b\' the relevant 
federal criminal justice block grant pro- 
gram or approved plan; or 

(4) a f;iilure to submit the Notice of Im- 
plementation to the division. 

(b) Upon such fmding. the executive director 
shall notify the grantee in writing and pro\'ide 
the grantee opportunity to correct any noted 



deficiencies found within 20 days. If said defi- 
ciencies are not corrected within this period the 
executive director may suspend payments or 
cancel the grant after furnishing written notice 
to the grantee. 

Statutory Authority G.S. 143B-477; I43B-479. 

.0407 LOSS OF GRANTEE ELIGIBILITY 

Any grantee who refuses to honor or other- 
wise fails to meet in whole or in part any 
standard or special condition associated with 
an accepted grant award, whether written and 
appended to that grant by the executive direc- 
tor, or which is a part of any section or at- 
tachment to the grant appUcation form 
completed and submitted by that agency, or 
which is contained in a federal crimmal justice 
block grant program or guidelines or approved 
plan, wiU be declared ineligible to receive any 
grant award until the offending grantee has 
completely satisfied its obligations to the satis- 
faction of the secretary or his designee and the 
chairman of the appropriate committee. 

Statutory Authority G.S. I43B-477; J43B-479. 

SECTION .0500 - APPEAL 

.0504 APPEAL 

.Any persons aggrieved by an adverse decision 
may be entitled to appeal for a hearing in ac- 
cordance with Chapter 150B of the General 
Statutes. 

Statutory Authority G.S. I50B-2: I50B-23. 

•k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k 



lyotice is hereby given in accordance with G.S. 
J SOB- 12 that the Department of Crime Control 
and Public Safety - Victim and Justice Services 
Division intends to adopt regulations cited as 
I4A SCAC II .0501 - .0506. 

1 he proposed effective date of this action is 
May 13. I9S8. 

1 he public hearing will be conducted at 10:00 
a.m. on January 14, I9SS at Library, Second 
Floor, Archdale Building. Raleigh, SC, 512 
Sorth Salisbury Street. 

{^ omment Procedures: .4ny interested person 
may present comments relevant to the action 
proposed at the public hearing either in written 
or oral form. Written statements not presented 



570 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



at the public hearing may be directed prior to 
January 14, 1988 to the Administrative Proce- 
dures Coordinator, Second Floor, Archdale 
Building, 512 N. Salisbury Street, Raleigh, NC 
or P. O. Box 27687, Raleigh, NC 27611. 

CHAPTER II - DIVISION OF VICTIM AND 
JUSTICE SERVICES 

SECTION .0500 - CRIME VICTIMS 
COMPENSATION COMMISSION 

.0501 ADMINISTRATION 

(a) The offices of the Crime Victims Com- 
pensation Commission are located in the 
Archdale Building, 512 North Salisbury Street, 
in Raleigh, North Carolina, 26711. The same 
office hours will be observed by the Crime 
Victims Compensation Commission as are or 
may be observed by other state offices in Ra- 
leigh. 

(b) The commission wiU remain in contin- 
uous session subject to the call of the chairman 
to meet as a body for the purpose of transact- 
ing such business as may come before it. 

(c) The use of any printed forms other than 
those approved and adopted by this commis- 
sion is prohibited. Approved forms may be 
obtained from the commission. 

Statutory Authority G.S. I5B-3; 15B-6: S.L. 
1987, c'8I9, s. 35. 

.0502 PROCESSING AND PAYMENT OF 
CLAIMS 

(a) As\ application for a claim will be ac- 
cepted only when submitted on an approved 
form and a determination is made by the di- 
rector that the application is complete. 

(b) Claims will be processed in the order in 
which the completed applications are received, 
deUverable by United States mail. In any 
consideration of competing claims, with re- 
spect to priority order of processing, the filed 
date stamped on the claim shall be controlling. 

(c) Every claim filed is subject to investi- 
gation by the director, bailure of the claimant 
to cooperate in the investigation may result in 
a denial of the claim or a reduction in the 
amount awarded. 

(d) 1 he director or the commission may re- 
open the investigation of any claim. 

(e) The director will determine, from infor- 
mation supplied in the application and verified 
by investigation, the amount of an award to 
be paid, if any, for each claim. Awards which 
must be made by the commission will be 
docketed by the director for consideration by 



the commission. The director shall notify the 
commission of all awards made or denied. 

(f) The director shall make a recommenda- 
tion for all awards that require approval by the 
commission. After reaching a decision to re- 
commend that the commission approve an 
award, the director shall require the claimant 
to submit current collateral source informa- 
tion. After receipt of such information, the 
director shall notify the claimant of the re- 
commended award amount and the date on 
which the claim wiU be considered by the 
commission. 

(g) All awards requiring approval by the 
commission shall be docketed upon the com- 
mission's agenda by the director. The report 
of investigation and recommendation of the 
director for each claim to be considered shall 
be provided the commission in advance of the 
meeting. The commission shall decide 
whether to approve an award. If the award is 
approved, the commission shall determine an 
amount. Any award made by the commission 
may be reduced, prior to payment, by the di- 
rector to the extent the award is or will be re- 
couped from a coUateral source. 

(h) The director shall mail a written state- 
ment of the award decision to the claimant 
along with the check for the award, if any, 
within 15 days of the director's or the com- 
mission's decision or verification of current 
collateral source information, whichever occurs 
last. This written statement shall notify the 
claimant: whether this check is a partial or 
complete payment of the award; of any pay- 
ments made directly to a service provider; and 
of appeal rights. 

(i) Claims will be docketed for determination 
of payment in an order determined by the di- 
rector. 

(j) AU payments of compensation must be 
made in strict accordance with the award is- 
sued by the director or the commission. 

(k) A clamiant who fails to cooperate with 
or supply requested information to the director 
or who supplies inaccurate or incomplete in- 
formation may have the claim denied or the 
award reduced, in the discretion of the director 
or the commission. 

(1) The claimant shall be required to inform 
the director at any time before or after the 
award of any action brought to recover dam- 
ages for the criminally injurious conduct that 
is the basis of any claim or award and the 
availabihty of any collateral source. The fail- 
ure to provide such information may be con- 
sidered as fraud, allowing the director or the 



NORTH CAROLINA REGISTER 



571 



PROPOSED RULES 



commission to reduce or deny an award or to 
recover monies previously paid. 

(m) All notifications and payments or other 
documents transmitted by mailing will be sent 
to the address submitted by the claimant. The 
claimant must notify the director in writing of 
any change of address. 

Statulorv Aulhoriiv G.S. I5B-6: /5B-7; I5B-8; 
158-10: I5B-I I: S.L. I9S7, c. 819, s. 35. 

.0503 DKTKRMIMNG COMl'^:^S.^^ ION 

(a) A claimant shall only be compensated for 
economic loss. Non-economic detriment shall 
not be compensated. 

(b) Claims arising out of motor vehicle acci- 
dents or collisions shall be denied. 

(c) The director and the commission shall 
use the fee schedule published by the Industrial 
Commission for medical, surgical, hospital, 
nursing, dental, and other treatment when de- 
termining an auard. The commission or di- 
rector may, in special hardship cases where 
sufficient reason is demonstrated, award fees in 
excess of this schedule. 

Statuton' Authority G.S. I5B-4: I5B-6: I5B-7; 
15B-S: '/5B-/0: I5B-I1: S.L. I9S7, c. SI9. s. 
35. 

.0504 MEETINGS OF THE COMMISSION 

(a) The chairman of the commission shall 
preside at all meetings. In the absence of the 
chairman, the vice-chairman shall preside. 

(b) At the direction of the chairman, the di- 
rector may poU the members of the commis- 
sion by telephone regarding any matter 
requiring the commission's attention at such 
times as it is not practicable for the members 
to meet as a body. 

(c) Public notice of a meeting of the com- 
mission shall be provided as required by law. 
/Vny matter to be considered by the commis- 
sion shall be docketed not less than 15 days 
prior to the date the commission is scheduled 
to meet. 

(d) An\' member of the commission may be 
represented by pro.xy at any meeting of the 
commission, having first notified the chairman 
of such representation. 

Statutory Authority G.S. I5B-3: 15B-6; S.L. 
198^, c. 819, s. 35'. 

.0505 CONTESTED CASES 

(a) A claimant who is not satistied with a 
decision by the director or the commission 
may appeal that decision by writing to the Of- 



fice of Administrative Hearings. A copy of the 
appeal should be sent to the commission. 

(b) After the director or the commission re- 
ceives the recommended decision from the Of- 
fice of Administrative Hearings, each party 
shall be mailed a notice providing at least 15 
days to file exceptions to the recommended 
decision and to present written arguments to 
the director or to the commission. Further, 
the director or the commission may provide 
an opportunity for each party to make an oral 
presentation. 

(c) A written statement of the fmal decision 
of the director shall be mailed to each party 
within 15 days of the time for receiving the 
written exceptions or oral presentation, whi- 
chever occurs first. A written statement of the 
final decision of the commission shall be 
mailed by the director within 15 days of the 
commission meeting during which the con- 
tested case is considered. 

Statutory Authority G.S. I5B-6: 15B-10: S.L. 
1987, c. 819. 5. 35. 

.0506 AW.XRDS 

Acceptance of the amount awarded by the 
director or commission, evidence by endorsing 
or presenting the check for payment, shall be 
deemed a waiver of any further right to appeal 
or contest the amount or type of award. Pro- 
vided, however, the director or the commission 
ma\ award a partial payment to the claimant, 
the acceptance or presentment of which shall 
not be deemed to constitute a waiver of any 
further rights. 

Statutory Authority G.S. I5B-6; 15B-I0; S.L. 
1987, c.'8I9. s. 35. 

TITLE 15 - DEPARTMENT OF NATURAL 

RESOURCES AND COMMUTVITY 

DEVELOPMENT 

i V otice is hereby given in accordance with G.S. 
I50B-I2 that The Emironmental Management 
Commission intends to amend regulation cited 
as 15 NCAC 2B .031 L 

1 he proposed effecti\-e date of this action is 
July I. 1988. 

1 he public hearing will be conducted at 7:30 
p.m. on January 27, 1988 at Old Moore County 
Courthouse, County Commissioner' s Chambers, 
Courthouse Square, Carthage, North Carolina 
28327. 



572 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Co 



/ oinmenl Procedures: A II persons interested 
in this matter are invited to attend. Comments, 
statements, data, and other information may be 
submitted in writing prior to, during, or within 
30 days after the hearing or may be presented 
orally at the hearing. Oral statements may be 
limited at the discretion of the hearing officer. 
Submittal of written copies of oral statements 
is encouraged. 

CHAPTER 2 - ENVIRONMENTAL 
MANAGEMENT 

SI BCflAPTER 2B - SI RFACE WATER 
STANDARDS: MONITORING 

SECTION .0.^00 - ASSIGNMENT OF STREAM 
CLASSIEICAIIONS 

.031 1 CAPE FEAR RIVER BASIN 

(b) The Cape Fear River Basin Schedule of 
Classiilcation and Water Quality Standards 
was amended effective: 

(1) March 1, 1977; 

(2) December 13. 1979; 

(3) December 14, 1980; 

(4) Au2ust 9, 1981: 
(5| Apnl I, 1982: 

(6) December 1, 1983; 

(7) Januan,- 1, 1985; 

(8) August 1, 1985; 

(9) December 1, 1985; 

(10) February- 1, l')86; 

(11) July 1, 1987; 

(12) October 1, 1987; 

(13) July 1. 1988. 

(c) The Schedule of Classifications and Wa- 
ter Quality Standards for the Cape lear River 
Basin has been amended effect i\c .lulv _K 19S8 
by the reclassification of Cane Creek (Crains 
Creek ) [Index No. 18-23- 16-( 1)| IVcmti source 
to mouth of Bea\er Creek including: all tribu- 
taries from C to WS-III. 



Statutory Authority G.S. /43-2I4./: 143-215. J: 
l43-2t5.3(a)(n.' 

•k^-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k 



I\ otice is hereby gi\'en in accordance with G.S. 
I SOB- 1 2 that Coastal Management intends to 
amend regulations cited as 15 NCAC 70 .0101 
- .0105: .0201 - .0202. 

1 he proposed effective date of this action is 
April I. 19SS. 



1 he public hearing will be conducted at 1 :00 
p.m. on January 19, I98S at Archdale Building, 
Ground Floor Hearing Room, 512 N. Salisbury 
Street, Raleigh, NC. 

y^omment Procedures: All persons interested 
in this matter are invited to attend the public 
hearing. The Coastal Management Division 
will receive written comments up to the date of 
the hearing. Any person desiring to present 
lengthy comments is requested to submit a 
written statement for inclusion in the record of 
proceedings at the public hearing. Additional 
information concerning the hearing or the pro- 
posals may be obtained by contacting Portia 
Rochelle, Dix'ision of Coastal Management, 
P.O. Box 276S7, Raleigh, AC 27611-7687, 
(919) 733-2293. 

CHAPTER 7 - COASTAL MANAGEMENT 

SLBCHAPTER 70 - NORTH CAROLINA 
COASTAL RESERN E 

SECTION .0100 - GENERAL PROVISIONS 

.0101 STATEMENT OF PI RPOSE 

The principal purposes of the North Carolina 
Fotuurinu Sanctuary Coastal Rcscr\c and 
supporting programs are to: 

(1) presen.'e ootuurino coastal 
representative of the 
graphic regions and typologies in North 
Carolina and to make them a\ailable 
for continuous future study of the pro- 
cesses, functions, and influences which 
shape and sustain the ootuarino coastal 
ecosystems; 

(2) provide new information on or . tuarino 
coastal ecosystem processes to deci- 
sionmakers as a basis for the promotion 
of sound management of coastal re- 
sources; 

(3) provide a focal point for educational 
activities that increase the pubhc 
awareness and understanding of e stua 
HfM* coastal ecosystems, effects of man 
on them, and the importance of the ee- 
tuarmo coastal systems to the state and 
the Nation; 

(4) accommodate traditional recreational 
activities, commercial fishing, and other 
uses of the Sanctuar i' Reser\'e as long 
as they do not disturb the Sonet uaPi' 
Resen'e environment and arc compat- 
ible with the research and educational 
activities taking place there. 



ecosystems 

various bioeeo- 



NORTH CAROLINA REGISTER 



573 



PROPOSED RULES 



Sidtuloty Auihor'uy G.S. 113-3; 113-8; 
1438-10. 

.0102 DKMMTIONS AS USED IN THIS 
SI HCIIAPTER 

Definitions as used in this Subchapter are: 
( 1 ) "(Coastal Reser\'e" means those coastal 
land and water areas set aside to be 



maintained in their natural state lor re- 
search, education and compatible re- 
creation and eniovment of natural and 
scenic beautv. 



f)^ (2) "listuar," means that part of a river 
or stream or body of water having un- 
impaired connection with the open sea, 
where sea water is measurably diluted 
with fresh water deri\ed from land 
drainage. 

(3) (3i ''Estuarine Sanctuary ' Research Re- 
serve" means a group of areas or com- 
ponents, each of which may include all 
or the key land and water portion of an 
estuary and adjacent transitional areas 
and uplands, constituting to the extent 
feasible a natural unit, set aside as a 
natural field laborator>' to provide 
long-term opportunities for research, 
education, and interpretation of the ec- 
ological relationships within the area. 
The Coastal Reserve includes the Fs- 



tuanne Research Reser\c 



(4i 



'Reser%e" means an\' area desiaiated 



pursuant to this Subchapter. 



Staluton Authority G.S. 
143 B- 10. 



113-3: II3-S: 



.0103 RESrONSIHILiriES: DITIKS OF 
COASTAL RESERVE PROGRAM 

The Cr ' tuurin e Sanctuary ' Coastal Resen.'e 
Program of the Di\ision of Coastal .Manage- 
ment shall be responsible for managing and 
protecting the North Carolina lif . tuunnt * Sano 
tuaP i ': Coastal Reser\e: for promoting and co- 
ordinating research and educational programs 
at the components while allowing for compat- 
ible traditional uses; for maintaining a man- 
agement plan for the Sanctuan . '; Reserve; for 
maintaining cooperative agreements with sci- 
entitic, educational, and resource management 
agencies and pn\ate citizens that will assist in 
the management of the Sanctuap i ; Resen.e: 
and for providing new information on eatua 
ftftt* coastal processes to coastal management 
decisionmakers. 



Statutoty 
1438-10. 



Authority G.S. 113-3; 1J3-S; 



.0104 STATE AND LOCAL COASTAL 

RESERVE ADMSORV COMMIITEES 

Advisory committees shall be established 
both fof A* pntire Sanctuary Program aft4 for 
each individual Sanctuary Reser%'e component. 
The committees shall advise the Sanctuary 
manager Reserve coordinator. Members of 
the committees shall include researchers, edu- 
cators, managers, and citizens that use or are 
affected by the Sanctuary. Reser\e. The 
committees shall be appomted by the Secretary 
of the Department of Natural Resources and 
Community Development. 

Statutory Authority G.S. J/3-3; 113-8; 
1438-10. 

.0105 RESERXE COMPONENTS 

The North Carolina Estuarine Sanctuary 
Coastal Reserve includes the following com- 
ponents: 

(1) Zeke's Island 

(2) Rachel Carson 

(3) Cumtuck Banks 

(4) Masonboro Island 

(5) Pennuda Island 

(6) Huxton Woods 

1 he North Carolina National Estuarine Re- 
search Reserve includes components ( 1 )-(4). 

Detailed boundar\' maps for each component 
ef t+H* SanctuaP i' are maintained and available 
for inspection at the Division of Coastal Man- 
agement. 512 North Salisburv' Street, Raleigh, 
North Carolina. 

Statutoty Authority G.S. 113-3; 113-8; 
1438-10. 

SECnON .0200 - MANAGEMENT: L SE AND 

PROIECTION OF THE NORIII CAROLINA 

CO.VSTAL RESERN E 

.0201 MANAGEMENT PL.VN 

The Division of Coastal Management shall 
prepare a management plan for the Sanctuary ' . 
Rescrse. The management plan shall contain 
specific policies for research, education, and 
traditional uses at each component. The Sec- 
retar)' of the Department of Natural Resources 
and Commumty De\elopment shall approve 
the management plan and its re\-isions. The 
Di\isior of Coastal Management shall monitor 
and manage the components and report to the 
secretary \ iolations of the approved plan and 
any other situations that may be harmful to 
the natural resources of the Sanctuary. Re- 
ser\'e. 



574 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Statutory Authority G.S. J/ 3-3; J/3-8; 
143B-I0. 

.0202 RESERVE USE REQUIREMENTS 

The following use requirements shall apply to 
alJ of the components of the Sanutuar>f: Re- 
ser\e: 

(1) The essential natural character of the 



Sanctuar . ' Reserve shall be maintained. 



[2) Traditional recreational uses witliin each 
component shall be allowed to continue 
as long as the activities do not disrupt the 
natural integrity of the Scmctuaiy Reserve 
or any research or educational projects. 
Incompatible traditional uses shall in- 
clude: 

(a) fishing, hunting, or trapping activities 
not allowed by state regulations; 

(b) target shooting; 

(c) hydraulic clam dredging within Sanctu 
aPit Reserve boundaries; »ft4 



(d) 



(£i 



use of vehicles off designated corridors 
at components where vehicles are al- 
lowed for upland transportation ac- 
cording to the management plan; and 
production of noise disrupti\e to local 
wildlife and the aesthetic cnjoMncnt of 
the reserve as a natural area. 



(3) 



No user shall disturb a research project 
or research equipment in place at the 
SanctuaP i' . Reserve. 

(4) Camping or any form of habitation, 
whether on the uplands, wetlands, or wa- 
ters within Sunctuury Reserve boundaries, 
shall not be allowed without the written 
permission of the Division of Coastal 
Management. 

(5) Personal property not authorized by the 
management agency may not be placed 
within the boundaries of the Sanctuary 
Reserve for more than two consecutive 
days. 

(6) Users of the Sanctuary Reserve shall not 
disturb or remove any live animals, except 
those allowed by state hunting and fishing 
regulations as they apply to the Sanctuary, 
Reserve, or vegetation within the Sanctu 
dff Reserve unless such action is part of 
a research or educational project approved 
by the management agency. 

(7) Persons wisliing to engage in scientific 
research or collection of natural materials 
within the Sanotuar r f Reserve shall first 
secure written permission from the man- 
agement agency. 

(8) No activity shall be allowed which might 
pollute any stream or body of water in the 



Sanctuar>'. Reserve. Acts of pollution 
shall include; 

(a) Deposition of solid materials not in- 
digenous to the local e otuorino coastal 
ecosystem; and 

(b) Discharge of liquids other than uncon- 
taminated estuarine water. 

(9) No other acts or uses which are detri- 
mental to the maintenance of the property 
in its natural condition shall be allowed 
including, but not limited to, disturbances 
of the soU, mining, commercial or indus- 
trial uses, timber harvesting, ditching and 
draining, deposition of waste materials. 

Statutory Authority G.S. 143 B- 10. 

•k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k 



iV odce is hereby given in accordance with G.S. 
I SOB- 1 2 that the North Carolina Wildlife Re- 
sources Commission intends to amend regu- 
lations cited as 15 NCAC I OB .0202(a)(2), 
(3), (4) and (5); .0203(b), (d) and (e); 
.0209(a); IOC .0304; .0305; .0401(b); .0402; 
,0404; .0406; .0407; WD .0002(c) and (f); 
.0003(c) and (d); .0004(b)(4)(A). 

1 he proposed effective date of this action is 
July I. 1 988. 

1 he public hearing will be conducted at 7:00 
p.m. on the following dates and at the following 
locations: 

Febr-uaiy 8, 1988, District 2. New Bern. 
Courthouse; 

February 9, 1988. District I. Edenlon. Old 
Courthouse; 

Februaiy 10, 1988, District 3, Nashville, 
Courthouse; 

February U, 1988, District 4, Elizabethtown, 
Courthouse; 

February 12, 1988, District 5, Graham, 
Courthouse; 

February 15. 1988, District 6. Albemarle, 
North Stanley High School; 

February 16. 1988, District 9, Ashe\'ille. 
Courthouse; 

February 17, 1988, District 8, Morganton. 
Civic Center Auditorium; 

February 18. 1988. District 7. Flkin. High 
School. 
Note: ALL Public Hearings begin at 7:00 p.m. 

K^ omment Procedures: Interested persons 
may present their views either orally or in writ- 



NORTH CAROLINA REGISTER 



575 



PROPOSED RULES 



ing a! the hearing. !n addition, the record of 
hearing will remain open for receipt of written 
comments from December 20, 1987, to 5:00 
p.m. on January 27, /9SS. Such written com- 
ments must he delivered or mailed to the Wild- 
life Resources Commission, 512 i\. Salisbury 
Street. Raleigh, \C 2761/. 

CIIAITKK 10 - \MI DLII-K KKSOL RCKS AND 
W ATFK SAl t r\ 

SI BCIIAPTF.K lOB - IILN riN(; AM) 
IkAPF'ING 

SECTION .0200 - IILNTING 

.0202 HKAR 

(a) Open Seasons 

(2) Second Monday in November to the 
following Saturday in Beaufort. Gates, 
Ilydo, Jones, *h4 Pamlico Pamlico. 
Tyrrell and Washinizton Counties: and 
in that part ot Bertie County southeast 

of rs jlj. 

(3) Second Monda\' in N\nemher to the 
following! Wednesday m H\de County; 

(4) (4+ Second .Monday in November to 
Januapv' 1 in Bladen, Carteret, Duplin. 
New Hanover, Onslow and Pender 
Counties: in that part of Cumberland 
County south of NC 24 and east of the 
Cape Fear Ri\'er: and in that part of 
Sampson county south of NC 24. 

(5) (-H Second Monday in December to 
January' 1 in Brunswick and Columbus 
Counties. 

Statuto/T .■luthority G.S. 113-134: 1 13-291.2; 
1 1 3- 29 f.^: 1/3-305. 

.0203 DKEK (WHITK-l AII.KD) 

(b) Open Seasons (rVll Lawful Weapons) 
(1) Male Deer With Visible Antlers. Male 

deer with antlers or spikes protruding 
through the skin, as distinguished from 
knobs or buttons covered by skin or 
velvet, may be taken during the follow- 
ing seasons: 
(B) Monday of rhanksgi\ing week to 
second Saturday after Thanksgiving 
Day in the following counties and parts 
of counties: 

Alexander Iredell 

Alleghany I in coin 

Ashe Stokes 

Catawba Surr\' 

Davie Wilkes 

Fors\lh Yadkin 

Gaston 



Lincoln: AH (4 A# county e xcopt 

LI lU. I rTXTT CTTTT VJ 1 V. I T ,> L. T LLI lU TT^^Tp 

ef X4; iOr S4^ Umr Sflr 4440 aft4 

Mecklenburg: That part west of 

L77, south of NC 73, east of the 

Catawba River, and north of NC 

16 and SR 2004, except Cowan's 

Ford Waterfowl Refuge. 

(2) Deer of Either Sex. Deer of either sex 

ma\' be taken during the open seasons 

and in the counties and portions of 

counties listed below: 

(A) Four con t iocutive periods ef Friday 
aft4 Saturday beginning svith Ae f ie cund 
Friday m Octobur 1 he open either-sex 
deer hunting dates established by the 
L S. 1-ish and Wildlife Scr\"ice during 
the penod from the first Saturday in 
October to January' ]_ in those parts of 
Hyde and Washuigton Counties known 
as the Pungo National WndUfe Refuge. 

(B) Lhe open cither-sex deer hunting 
dates established bv the appropriate 
military' commands dunng the period 
from .Monday on or nearest October 15 
to January 1 in that part of Brunswick 
County known as the Sunny Point 
Militarv' Ocean Tenninal, in that part 
of Craven County known and mjuked 
as Cherry' Point Marine Base, in that 
part of Onslow County known and 
marked as the Camp Lcjeune Marine 
Base, a«4 on Fort Bragg .MLlitaPy' Res- 
er\'ation in the counties of Cumberland, 
Hoke and Moore, and on Camp Mac- 
kail Military' Rcsenation in the coun- 
ties of Moore, Richmond and .Scotland. 



(C) Ootobjr ^ ^ 4«T 44 aH4 November 
6, ;z. 44- +4, +4, ^ ^ The open eith- 
er-sex deer hunting dates established bv 
the r.S 1-ish and Wildlife Service dur- 
ing the penod fn^m the Monday on or 
nearest October 15 to January' ]_ in 
those parts of Camden, Gates and Pas- 
quotank Counties known as the Dismal 
Swamp National Wildlife Refuge, 

fi^ Octob e r 4-44 wkfe bew tt«4 anosv 
eftly aft4 No' i 'ember ^ 44t 44t 44t 5©7 
24 in those parts of Anson and Rich- 
mond Counties known as the Pee Dee 
National Wildlife Refuge, and 

ft4 October 20 2 ' I w+tfe h€>^ im4 arrow 
only a«4 October 44 aft4 > . ov ember - 47 
4t ir ^ "ir 4(4 in that part of Cumtuck 
Count}' known as the Mackay Island 
Nationcd Wildlife Refuge. 



576 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(D) fP^ Wednesday of the week following 
I'hanksgiving in all of Catawba, Cleve- 
land, Irodt ' ll, Forsvth, Rutherford and 
Surry Yadkin Counties; in all of fVlox 
andor, Alleghany, Ashe, Burke, Cald- 
well Davi e , Stokeo and Willtoo 
McDoweU Counties except on game 
lands. 

(F) f^ Wednesday and Thursday of the 
week following Thanksgiving in all of 
fttt County IredcU and Surrey Counties 
and in the following parts of counties: 
Alexander: All of the county except 

game lands. 
Beaufort: 1 hat part- north' . ' i oot »f a 
boundary fonmod by rvG ^ -tr^ 364 

rtTTTT ^^"^T ^P^^T 

landc i . 
Crav e n: Ihat part bounded »» tb» 

setrtl* bv ?*- 440^ »ft Ae ea^^ by Sft 

+0447 ^ 44Wt ^i^ 4400 afi4 &R 

1410. aft4 eft Ae north by >^ 44t 
Da\ie: .VU of the count\" except game 

lands. 
Lenoir: 1 hat part south ef tbe N e us e 

Ri' i cr. 
Pamlico: All of the county except 

game lands. 
Pasquotank: ,AU of the county except 

Dismal Swamp National Wildlife 

Refuge. 
Robeson: That part east of a boundary 

formed by SR 1004, NC 41, NC 211, 

SR 1620, SR 2225, NC 130 and NC 

41. 
Stokes: AU of the countv except game 

lands. 
Wuynu: Ihiit part i . outh e4 -t-^ 34^ 
Wilkes: All of the counts except jzame 

lands. 
(V) (-I4f Wednesday to Saturday of the 
week following Thanksgiving in aU of 
Alamance, Caswell, Chatham, Durham, 
Franklin, Granville, Martin. Greene, 
Orange, Person, ftttr Rockingjiam and 
Vance Counties and m the following 
parts of counties: 
An^ . on: All f4 t+te county except game 

land - ; . aft4 tfee 1^ t)ee N . alionol 

\\"ildlife Refuge. 
Cabarru '. : Ihat part eat* »i' 4r-^ ^^ 
Currituck: That part ea** ©f the Intra 

couL i tal \\'aler . vuy. All of the county 

except the Outer Banks and the 

Mackay Island National Wildlife Re- 

fuee. 



Davidson: That part south ef 1 85, »fr- 
eept game lands. 

Edgecombe: That part south of US 64. 

Guilford: That part north of a bound- 
ary formed by 1-40 and 1-85. 

Lenoir: That part west of NC 11. 

iVloore: That part south of NC 211, 
except game lands. 

Nash: That part north of L'S 64. 

Perquimans: That part south of US 17 
and east of Perquimans River. 

Randolph: That part south of US 64 
and west of US 220, except on game 
lands. 

Richmond: That part east of Little 
River, except game lands. 

Rowan: That part south ©f !-&§ aB4 
east- ef -t^ ^^ except gam e lands. 

Sampson: That part north ef a boun 
4^ fofHw4 by t* W4t SRr 4445^ Sft 
4004 a«4 WRr 4434^ aft4 smrtfe &f a 
boundarv ' formed b¥ SR- 12M aft4 

Nea4. ' 

Stanly: AU of the county except game 

lands. 
Wake: That part north of NC 54 west 

of Raleigh and north of US 70 east 

of Raleigh. 
Washington: That part west of NC 32 

and south of US 64. 
Wavne: That part south of US 70. 
(G) (^ Wednesday of the week following 
Thanksgiving to Saturday of next suc- 
ceeding week in aU of Duplin, llalilax, 
Northampton Martin, Pitt and Warren 
Counties and in the following parts of 
counties: 
Anson: All of the county except game 

lands and the Pee Dee National 

Wildlife Refuse. 



Beaufort: That part southeast ©f frbe 
boundary formed by r>»€ H^ trS- 344 
afi4 ttS 4^ All of the county except 
on game lands. 

Bladen: All of the county except on 
game lands. 

Brunswick: That part north and east 
of a hne formed by US 17, NC 21 1, 
and the Lockwood Folly River. 

Cabarrus: That part east of US 52. 

Carteret: All of the countv except game 
lands. 



Chowan: That part north of L'S 17. 

Columbus: 'Ihat part east of US 701, 
NC 130, SR 1157, SR 1141, SR 
1139, SR 1118, SR 1108 and SR 
1104. 



NORTH CAROLINA REGISTER 



577 



PROPOSED RULES 



Craven: All of the county except game 
lands. aft4 e xo e pt Aat' part boundod 

U I I 1 1 il, rTTTTTTTT *' I L ' I V 1 W ' ' _." , C7TT 11 IV UU J I 

Sk 4444t aft4 »» y*e aertb by NG 

4^ 
Davidson: That part south of 1-85, ex- 
cept on game lands. 
Udgecombe: That part north of LS 64. 
Hyde: /VU of the county except Pungo 

National N\'ildlifc Refuge. 
Johnston: That part south of US 70 

and east of 1-95. 
Jones: All of the county except game 

lands. 
Lenoir: That part cast of NC 1 1. 
Montgomery: All of the county except 

on game lands. 
New Hanover: That part north of US 

74. 
Onslow: All of the county except game 

lands. 
Perquimans: All of the county except 

that part south of US 17 and east of 

Perquimans River. 
Richmond: That part west of Little 

Ri\er, except Pee Dec National 

Wildlife Refuge. 
Rowan: That part south of I-R5 and 

east of US 52^ except on game lands. 
Sampson: That part south of a boun 

daf¥ fomu ' d hf ir-^ mw ^^ US^ ^^ 

4444H ttft4 ^* iw^T NC 24. 
(H) \londa\' of Thanksgi\ing week to the 
third Saturday after rhanksgi\ing Day 
in that part of Buncombe Countv cast 
of NC 191, south of the French Broad 
and Swannanoa Ri\ers, west of US 2X 
and north of SR 3503. NC 281) and SR 
350 1 . 



(1) {4-f Wednesday of the week foUowmg 
I hanksgiving to January j_ Saturday e( 
Ae noxt ouooooding week ttft4 t4*e Ittst- 
threa days ef tfee regular gttft ooar i on fe* 
tWf in all of Bertie, I lalifax, Chowan 
ttH4 Hertford and Northampton Coun- 
ties, and in the following parts of 
counties: 

(?howan: That part south of US 17. 
Gates: All of the county except Dismal 

Swamp National Wildlife Refuge. 
Pender: All of the county except game 
lands, 
(d) Open Seasons (.\Iuzzle-Loading Rifles 
and Shotguns) 
(2) Restrictions 



(A) Only male deer with visible antlers 
may be taken during the muzzle-loading 
firearms seasons, except for the antler- 
less deer authorized to be taken without 
substitution by Subparagraph (2) of 
Paragraph (e) of this Rule. 

(B) Dogs may not be used for hunting 
deer during the muzzle-loading firearms 
seasons. 

(C) Pistols may not be carried while 
huntmg deer during the muzzle-loading 
firearms seasons. 

(e) Bag L,imits 
(2) Antlerless Deer. Where antlerless deer 
rnay be lawfully taken, a maximum of 
two antlerless deer may be substituted 
for an equal number of antlered deer in 
the limits contained in Subparagraph 
(1) of this Paragraph, and one addi- 
tional antlerless deer is permitted with- 
out substitution when taken during an 
either-sex season ift a county ef part »f 
county included ift Part fA) ef Subpar 
Qgraph (b)( 1) ef tfe» Rule, or during a 
bow and arrow or muzzle-loading tlr- 
earm season for deer in an area have a 
later gun either-sex season. Antlerless 
deer include males with knobs or but- 
tons covered by skin or velvet as dis- 
tinguished from spikes protruding 
througli the skin. 

Statutory Authority G.S. 113-134; 1 13-270.3: 
113-276.1; 1 13-291.1; 1 13-291. 2. 

.0209 WILD TURKEY (BE.^RDLD TURKEYS 
ONLY) 

(a) Open Season: Second Saturday in April 
to Saturday of the fourth week thereafter on 
bearded turkeys only, except there is no open 
season m the counties of Alexander, Anson, 
Brunswick, Chowan, Davidson, Davie, For- 
s\lh, Harnett, Hertford, } iok t» , Mitch e ll, Ire- 
dell, Perquimans, Polk, Randolph, Rowan, 
Rutherford and Scotland, and in the following 
portions of counties: 
Bertie: Fhat part north of LIS 17 and east of 

US 13. 
Bladen: That pari east of NC 53 and west 

of NC 210. 
Brunfiwick: 1 hat part north ef^ L^ ?-4t 
Cherokee; That part south of SR 1505 and 

US 19-129 and north of US 64. 
Columbus: That part north of NC 87. 
Craven: That part west of US 70, BUS 70 

and NC 55 east of New Bern. 
Cumberland; That part north and west of 
US 401. 



578 



NORTH CAROLIN.4 REGISTER 



PROPOSED RULES 



Graham; That part west of NC 28, south of 
SR 1242, cast of US 129 and north of NC 
143. 

Halifax: That part east of 1-95, south of NC 
9(1.^ and west of NC 258. 

llamott: That part Doulh ef trS 434- aR4 woi ' t 

Ilay-vvood: That part south of US 23 and that 

pail south and west of 1-40. 
Henderson: Ihat part east of 1-26. 
Hoke: That part north and east of NC 211. 
Jackson: That part south of US 23 and east 

of NC 107 and NC 281. 
Johnston: That part east of 1-95. 
Jones: That part wjot ef 4tS- 44t north and 

west of a boundary formed bv SR 1 105 

and NC 58 to .\lavs\ille and west of US 

17 south of \laN's\ille. 
Lee: That part south of US 421 and east of 

US 1. 
Madison: That part north of a boundary 

formed bv NC 208, NC 212 arid SR 1434. 



Montgomery: Ihat part north of NC 24-27. 
Moore: That part south of NC 21 1 and east 

of US 1. 
Pender: That part south of NC 210. 
Randolph: Ihut part noilh ef \^ 44 aft4 

Riclimond: That part east of US 220 and 

north of IS 74, and that part west of US 

109. 
Transylvania: That part north of US 64, east 

of NC 281 and west of NC 215. 
Watauga: That part south of US 421 and 

east" of US 321. 
Wilkes: That part south of US 421. aft4 

Hertfeef>rGa4^ 
Note: No open season in Gates County by 
local law. 

Statutory Authority G.S. 113-134; J / 3-270.3; 
113-276.1; 1 13-291.2. 

SUBCHAPTER IOC - INLAND FISHING 
REGLLATIONS 

SECTION .0300 - GAME FISH 

.0304 TAKING AND POSSESSION OF 
INLAND GAME FISHES 

It is unlawful to take in one day more than 
the daily creel limit of those species of inland 
game fish having a specified creel limit; to 
possess more than the daily creel limit while 
fishing, boating or afield; or to possess at any 
place more than three days creel limit. It is 
unlawful to possess any fish smaller than the 
minimum size limit or to destroy unnecessarily 



any inland game fish taken from public fishing 
waters. 

No person while fishing or boating shall be- 
head, fillet, or otherwise mutilate or change the 
appearance of any game fish so as to obscure 
its species or render it impracticable to measure 
its total original length or count the number 
of such fish in possession. 

Statutory Authority G.S. 113-134; 113-292. 

.0305 OPEN SEASONS: CREEL AND SIZE 
LIMITS 

(a) Generally. Subject to the exceptions 
listed in Paragraph (b) of this Rule, the open 
seasons and creel and size limits are as indi- 
cated in the following table: 



GAME FISHES 


DAILY CREEL 
LIMITS 


Mountain Trout 
(.All Species) 


7 
(excptn. 3) 


Muskellunge 
and Tiger Musky 


2 


Chain Pickerel 
(Jack) 


None 
(excptn. 1) 


Walleye 


8 

(excptn. 9 & 10) 


Black Bass: 
Largemouth 


8 
(excptn. 8 & 10) 


Smalhnouth 
& Spotted 


8 
(excptn. 8 & 10) 


White Bass 


25 

(excptn. 1) 


Sea Trout (Spotted 
or Speckled) 


None 


Striped Bass 
and their hybrids 
(Morone Hybrids) 


■ 8 aggregate 
(excptns. +7 
6fe+5) 

a&6i 


Kokanee Salmon 


7 


Panfishes 


None 
(excptn. 5) 



NONGAME FISHES 



None 



NORTH CAROLINA REGISTER 



579 



PROPOSED RULES 



SIZi; LIMHS 

None 
(excptn. 3) 



30 in. 
None 

None 

(excptn. 9) 

14 m. 

(excptns. 4, 8 & 11) 

12 in. 

(excptns. 4, 8 & 11) 

None 

None 



(EXCPTN. 2) 

All year, except 

March 1 to 1/2 

lir. before 

sunrise on 

first Saturday 

in April 

(excptns. 2 & 3) 

ALL YEAR 

ALL ^ EAR 

ALL YEAR 



ALL YEAR 



ALL ^EAR 



ALL YEAR 



ALL YEAR 



Morone hybrids is four in the aggregate 
and the minimum size limit is 20 inches. 
(6) In the inland fishing waters of the coas- 
tal rivers and their tributaries extending 
upstream to the first impoundment, or 
to the headwaters if unimpounded, the 
daily creel limit for striped bass and 
their hybrids is three fish. 
(4^ Thoro » »& daily croL ' l limit ef mini 
mum SrW limit fof Morono hybrids m 
t4» follo' i ving waters: 

fA^ Sal e m Luko m Loroylh County; 

f&) Lake Fisher m Cabarrus afi4 Rowan 
Counti e s; 

(€^ Lolco Thom A Lox wt Da' i idson 
County; 

f©-^ Ali wat e rs within t+w? counties »f 
Alamance. Chatham, Durham, Guil 
ford, Lo e , Orange, P>.ockinaham afi4 
W^ako. 
(12) (44^ In all impounded inland waters and 
their tributaries, except those waters 
described in Exceptions {Arj afi4 (12), 
Exception (1 ), the daily creel limit of 
striped bass and their hybnds may in- 
clude not more than two fish of smaller 
size than the minimum size limit. 



16 m. 

(excptns. +T +^ A- +4) 

HA, 12] 

None 

None 



ALL YEAR 



ALL YEAR 

ALL YEAR 

(excptn. 5) 



Statuton' Authoritv G.S. 
113-304: 113-305. ' 



113-134: 113-292; 



None ALL YEAR 

(excptn. 7) 

(b) Exceptions 
(1) In accordance with the Virgima- North 
Carolina reciprocal agreement, the creel 
hmit is eight for chain pickerel (jack) 
and eight for white bass in the Staunton 
River east of the mouth of Difficult 
Creek, the Dan Ri\cr- east of the 
Drantly Steam Plant Dam at Danville, 
Kerr and Gaston Reser\'oirs including 
all tributar.' waters lying in either Vir- 
ginia or North CaroUna which are ac- 
cessible by boat from the main bodies 
of the reservoirs, and the Island Creek 
subimpoundmcnt. In the Dan Ri\cr 
upstream from its confluence with 
Bannister Riser to the Brantly Steam 
Plant Dam, and in John II. Kerr, Ga- 
ston, and Roanoke Rapids Reservoirs, 
the creel limit on striped bass and 



SF.CriON .0400 - NONG.WTE FISH 



.0401 



(b) 



m.\nm:r oi taking nong.ame 
fishes: plrcii.\se .4nd sale 

Nongame fishes taken by hook and line 
methods or by licensed special devices licensed 
fef nonpersonal «** a* provid e d by Paragraph 
fe^ ef Rule .0 104 »f tlM* Section may be 
bought and sold. 

Staiuton Authonlv G.S. 113-134: 113-272; 
113-292. 

.0402 TAKING BAIT FISHES AND FISH 
BAIT 

It is unlawful to take bait fishes in the inland 
waters of North Carolina using equipment 
other than: 

a net of dip net design not greater than 
six feet across; 

a seine of not greater than 12 feet in 
length and with a bar mesh measure of 
not more than one-fourth inch; 
a cast net ftt4- exceeding 44 feet » 4i- 
ameter aft4 with a square mesh of not 
more than three-eighths inch; 
ininnow traps not exceeding 12 inches 
in diameter and 24 inches in Icn.gth, 



(1) 
(2) 

(3) 

(4) 



5S0 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



with funnel openings not exceeding one 

inch in diameter, and which are under 

the immediate control and attendance 

of the individual operating them. 

Game fishes and their young taken while 

netting for bait shall be immediately returned 

unharmed to the water. No person shall take 

more than 200 bait fish from inland fishing 

waters during one day. It is unlawful to take 

bait fishes or fish bait from designated pubUc 

mountain trout waters. 

Statutory Authoritv G.S. 113-134; 113-272; 
113-292. 

.0404 SPKCIAL DF.VICK FISHING 

(a) Gonorally. now and Arrow. ¥b» opccial 
d(.'vic(> fi '. hing Lioenw!) se* forth bolow aw* valid 
throughout Ae liucnoo ¥««f indioutod aH4 a«- 
thori;', e ttw taking ef nongamo fir . hoii from tt*» 
inland fir . liing ' ■ ■ ■■ atoro \\\x\\ ti*# d e vices aft4 4)H^ 
iftg Ae opon couoons liotL ' d m Rule .0107 »f 
Ai* Soction. The use of longbow and arrow 
as a licensed special device is authorized for 
taking nongame fishes at any time from all in- 
land fishing waters other than impounded wa- 
ters located on the Sandhills Game I and and 
designated public mountain trout waters. 
L'nless specifically prohibited, longbow and 
arrow may be used in joint fishing waters. It 
is unlawful to take fish with crossbow and ar- 
row in any inland fishing waters. 

ffe>i Special Device Perional t-se I-u i hing 4-ri- 
conoo. Licenooo t«- t»&e special dc'ice!; . » talcing 
nongame fu i hoo from inland li - jliing ' ■ vutoro fof 
poroonal H^e only *ft4 ftt+4- f»f t4w purpos e »f 
sal^ fH#f b** obtain e d from authorized licenr . o 
agenti i e4^ tht* commijjoion. Not more than 44)0 

T UI ULT l^I J!J1 1 1 nJ\ , CII 1 1 1 n^T TTT L'^- LI i^ LI I lU I t\J 1.1 1\. ft V- 

t |-< '^ »-> tit !t-k 

tTTTTTT 1 1 f V 

(b) Nets. Manualh' operated nets, including 
seines and bow, cast and dip nets may be used 
under the special de\ ice fishing license. No gill 
nets, drift nets, f\ke nets or other stationary 
nets mav be used in inland fishing waters. 



(c) Traps. No more than ten baskets or 
traps of any sort, other than automobile tires, 
may be used under the special device puruonal 
Hse fishing license. Such devices when set and 
left unattended shall be alTixed with a card or 
tag furnished by the license holder and upon 
which his name and address shall be legibly 
and indelibly inscribed. N£ f'sh trap may ex- 
ceed five feet in length or two feet in depth or 
width. No lead nets, wing nets, or other de\ ice 
designed to guide or herd lish ma\ be attached 
to the trap or used or set within 25 feet of the 



1 13.0 . CTTS^^T fcwTti Wt IlX^ MtitM trt? ctitttHstt Wt I fit? 

tr^TT III IV Lf I CTJR3TT ^^^x TTVl CTT \Jl. l\.' \Jll\A. 

Liconooo te »se op e oiol dosicoo ift talcing non 
game fiohoo from inland fishing wators fof pef- 

UUI l\XX Ctt^CT I1U11L."JJ U<JI 1U.1 U-^J , X11\.'1I.1U1_J1^ UU-IV" IIIUT 

be obtained dirootly from Ae Wildlife R*h- 
oourcoo Commic i oion, Liconoo Soction, i'Vrch 
dale Building, 145 North Salisbury Street, 
Raleigh, North Carolina 2761 1. Each Hftit 
e4 geaf used under y*e ppocial device nonper 
Rona] Hse fishing lioonso shall be affixed with » 
tag supplied by the Wildlif e Pi.ooourcep Com 
misDion &B- remittance »f&Re dollar (Si. 00) pef 
tag an4 showing ttie Uoenso number, tag num 
befr lic e ns e yeaf date, type ef gear, aft4 name 
aft4 address &f the license holder. Such tag 

I.- Vi ■ I I 1 li^ ^ f 1 I « ■ I f J-v J- 11^^ fA »-i 1 1 I r1 1 » j-1 ft I » * ti /-t -1 • .-I'-i — 1 r\ 

dicatod. 

(d) Spears. .Manually operated gigs or un- 
der-water spear or harpoon guns may be used 
under the special fishing de\ice license in the 
inland waters having a season for their use 



spei 



ified in Rule .0407 of this Section. 



Statutory Authority G.S. 113-134; 113-272.2; 
113-276; 113-292. 

.0406 TR.AWLS AND DREDGES 

■Nh- fixed e* gitt net »f other stationary net 
v i liich vpt^ be authoriaed as a special fishing 
device may be more than 4-00 yards ift length, 
Hef shall afty such ftet be plac e d witliin ^ 

TIXI l^CT ^TT HI IT IJ 1 1 IV r I Irtl-'U I IL I . I 1 <\\JIJ 1 1 U-U I i 1 U Jl 

be set tre- t4kat they !=«« parallel te the nearest 
shor e lin e , exc e pt ift t4te Neuse, front. North 
east Cape Fear, Cap e Pear, aft4 Black Rivers 
aft4 their tributaries. Ne- anchored t»f fixed ^ 

I TV I I'l UI II I ITV I ctTTCTTI t-'V U ^^..U UI lll^'L" J UU V 1 1 I IV I rCT 

marked fef the protection ©f boat operators. 
A Het ' . . hall be deemed ee marked when there 
is attached t& it at each eftd a floating plastic 
j+*g ef other floating object net- k»s than si* 
inches » its small e st dimensions. Floats 

I I IU.1 IVII I ^ 11 IV' VI I VI LI Ul ILUTI L.'V W IVJ I L VI T t 1 1 1 1 V . ^^^ lu.-' j 
rTrmTTT UI IVI rTT^TTTTT OtmTT I I. lU T rTTTT I.' V T-1 ,.'V- VI . 

It is unlavvful t» attach a4i sets te afty wire, 
rope, ef similar devic e extended across afty 
navigable watercourse. 

It is unlawful to use a trawl or clam dredge in 
any inland fishing waters. 

Statutory Authority G.S. 113-134; 113-292. 

.0407 PERMITTED SPECIAL DEMCES AND 
OPEN SEASONS 

Fxcept in designated public mountain trout 
waters, and in impounded waters located on 



NORTH CAROLINA REGISTER 



5S1 



PROPOSED RULES 



the Sandhills Game Land, there is a year- 
round open season for the licensed taking of 
nongame fishes by bow and arrow. Seasons 
and waters in which the use of other special 
devices is authorized are indicated by counties 
below; 
(4) Anson: 

(a) July 1 to June 30 with traps and gigs in 
all public waters; 

(b) December 1 to June 5 with dip and bow 
nets m Pec Dee River below Blewett 
FaUs Dam; i*ft4 witb ^ fh*** m Pee 
©ee River below the lovscr eft4 Bi Goat 
hilund: 

(c) July 1 to August 31 with seines in all 
running public waters, except Pee Dee 
River from Hlewett I-alls downstream 
to the Seaboard Coast Line Railroad 
trestle; 

(6) Beaufort; 

(a) July 1 to June 30 with traps in the 
Pungo River, and in the Lar and Pam- 
hco Rivers above Norfolk and Southern 
Railroad bridge; and with gigs in all in- 
land public waters; 

(b) December 1 to June 5 with dip and bow 
nets m all inland public waters; with 
drift sJi Hete Ht -fef Ri' i LT up ' jtrcum 
from the Norfolk a«4 Southern Rail 
road bridut' a4- W'u '. hiiigton k+ Ae i4tt 
County U«e^ aft4 with att wete m aW 
othor inland public watt ' r! i , except 
Olount ^ j Creek, (rhocov i inity Buy , Bur 
ham Creek. Mixun Creek aft4 Novil 
Creek; 

(7) Bertie; 

(a) July 1 to June 30 with traps in the Ca- 
shie River and Broad Creek (tnbutary 
of Roanoke); 

(b) December 1 to June 5 with dip and bow 
nets in all inland pubhc waters, exclud- 
ing public lakes, ponds, and other im- 
pounded waters; c»4 with oH Hete m 
rtU inland public watero; 

(8) Bladen: 

(*) December + te March 4- with ^tt Hete 
m rtH- inland public ' I ' l atorn, except 
J one ' . . . Salter ' j. White, SingletaP i ' i*ft4 
Baytree (Black) 1 akeo; 

fb4 December + to May 4- ' i vith ^ net* » 
»ktekfevei- 

fe) December 1 to June 5 with dip and bow 
nets in Black Ri\er; 

(9) Brunswick: 

f*^ D e c e mber 4- t» March 4- wttfe ^ Het* 

m c4i inland public ' . vater: . ; 
f4*t December 1 to May 1 with dip and bow 

bo' . ' i -, aft4 S94i nets in .\lligator Creek, 



(14) 
(a) 

(b) 



(15) 



Hoods Creek, Indian Creek, Orton 
Creek below Orton Pond, Rices Creek, 
Sturgeon Creek and Town Creek; 
Camden: 

July 1 to June 30 with traps in all inland 
public waters; 

December 1 to June 5 with dip and bow 
nets in alJ inland public waters, exclud- 
ing public lakes, ponds, and other im- 
pounded waters; aft4 \\\\k\ ^ set* m 
ali inland public wators; 
Carteret: December 1 to June 5 with 
dip and bow bow, afi4 pii nets in aD in- 
land pubhc waters except South River and 
the tributaries of the White Oak River; 
(18) Chatham: 

(a) December 1 to April 15 with dip a«4 
^ nets in the Cape Fear Ri\er, Deep 
River, Haw River and Rocky River 
(local law); 

(b) July 1 to August 31 with seines in the 
Cape Fear River, Deep River, Haw 
River, and Rocky River; 

(c) July 1 to June 30 with traps in Deep 
River; and with gigs in all public waters; 

(20) Chowan: 

(a) December 1 to June 5 with dip and bow 
nets in all inland public waters, exclud- 
ing pubhc hikes, ponds, and other im- 
pounded waters; aft4 wtt4* ^ set* ift 
ai4 inland public waters, except Bon 
He44* ^4*J4 Pond aft4 Dilkird Pond; 

(b) July 1 to June 30 with traps in all inland 
pubhc waters, excluding pubhc lakes, 
ponds, and other impounded waters; 

(23) Columbus: 

(a) December 1 to March 1 with ^ Bets 
afi4 gigs in all inland pubhc waters, ex- 
cept Lake Waccamaw and its inlets: 

(b) December 1 to June 5 with dip and bow 
bow, aft4 ^ nets in Livingston Creek; 

(24) Craven: 

(a) July 1 to June 30 with traps in the main 
run of the Trent and Neuse Rivers; 

(b) December 1 to June 5 with dip and bow 
bewr aft4 g)4J- aets m all inland pubhc 
waters, except Pitch Kettle, Grindle, 
Slocum, Spring and Hancock Creeks 
and their tributaries wtth dtp aft4 bow 
fiets ift Slocum Creek below abose the 
US 70 bridge; and with seines in the 
Neuse River; 

(4^ Cumberland: Decemb e r 4- t» March 4- 
with ail Hets t» all inland pubhc waters; 

(25) (-24^ Currituck: 

(a) July 1 to June 30 with traps in Tulls 
Creek and Northwest River; 



5S2 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(b) DL'cember 1 to June 5 with dip and bow 
nets in all inland public waters, exclud- 
ing public lakes, ponds, and other im- 
pounded waters; aft4 wrtfe ^li fwrt* m 
Northv i 'L'C i t Rivor a«4 Tulln Cruuk; 

(26) 1^ Dare: 

(a) July 1 to June 30 with traps in Mashoes 
Creek, Milltail Creek, East Lake and 
South Lake; 

(b) December 1 to June 5 with dip and bow 
nets in all inland public waters, exclud- 
ing public lakes, ponds, and other im- 
pounded waters; afi4 with ^H- ftete m 
Murtm Point Crock; 

(27) f5*^ Davidson: 

(a) July 1 to August 31 with seines in all 
running public uaters; 

(b) July 1 to June 30 with gigs in all public 
waters, and with traps in all public wa- 
ters except Leonard's Creek, Abbott's 
Creek below Lake Thom-A-Lcx dam, 
and the Abbott's Creek ann of High 
Rock Lake upstream from the NC 8 
bridae; 

(28) (^ Davie: 

(a) July 1 to June 30 with traps and gigs in 
all public waters; 

(b) July 1 to August 31 for taking only carp 
and suckers with seines in Dutchmans 
Creek from L'S 601 to Yadkin River 
and in Hunting Creek from SR 1338 to 
South Yadkin River; 

(221 ^^ Duplm: 

fft} Docombor 4- te- March 4- with ^tt H«te 
ift Buy ^. dL ' n Pond a«4 h% the* Northoaat 
Capo I'L'ur RivL ' r. including t44 chun 
Ht^i* from a pomt »ftt» mik» abo' i 'o ^^ 
1 700 (S e r e ctci) Hridgo dossiu i troam to 
t+» county l+fWi- 

(te) December 1 to June 5 with dip and bow 
bow, aft4 ^ nets and seines m the 
main run of the Northeast Cape Fear 
River downstream from a point one 
mile above Serecta Bridge; 

(30) f^ Durham: 

(a) July 1 to August 31 with seines in Neuse 

River, 

(b) July 1 to June 30 with gigs in all public 
waters; 

(31) f^ Fdgccombe: 

(tt^ Documbur + te- March +4 vs ' ilh gill- Ht4« 
m Noble Mtil Pond mhJ Wiggino Lak e ; 

(te^ December 1 to June 5 with dip and bow 
nets in all public waters; aft4 wt4t dftft 
^ fh4* m -fef Ri' i cr b e low the b rid go 
a4- QW Sparta to t4w ft4+ County Ihwt 

(32) f*^ Fors>lh: July 1 to June 30 with 
traps and gigs in all public waters, except 



traps may not be used in Belews Creek 
Reservoir; 

(33) (^ Franklm: 

(*) Docomber 4- te- March 4- v4t4* ^ H«t& 
i» Clifton Fond, Parrioh Pond, Jaokoon 
Pond aH4 Lalc e Ptoyalo; 

(a) (fe) July 1 to August 31 with seines in 

Tar River; 

(b) (e) July 1 to June 30 with gigs in all 
public waters, except Parrish, Laurel 
Mill, Jackson, Clifton, Moore's and 
Perry's Ponds, and in the Franklinton 
City ponds; 

(34) f^'Gaston: 

(a) July 1 to August 31 with seines in all 
running public waters; 

(b) July 1 to June 30 with gigs, traps and 
spear guns in all public waters; 

(35) f54) Gates: December 1 to June 5 with 
dip and bow nets in all inland pubUc wa- 
ters, excluding public lakes, ponds, and 
other impounded waters; aft4 with ^H 
net* ift all inland public waters, oxccpt 
Williams (M e rchant;- , M^ Pond; 

(36) f*74 Graham: July 1 to June 30 with 
gigs in all public waters, except designated 
public mountain trout waters; 

(37) f^ Granville: 

(a) July 1 to June 30 with gigs in all public 
waters, except Kerr Rescr^■oir; 

(b) July 1 to August 31 with seines in the 
Neuse River and the Tar River below 
US 158 bridge; 

(c) July 1 to June 30 with dip and cast nets 
in Kerr Reser\'oir; 

(38) (4^ Greene: December 1 to June 5 with 
dip and bow bow, aft4 ^ nets and reels 
in Contentnea Creek: 

(39) f4af Guilford: 

(a) July 1 to August 31 with seines in Haw 
River, Deep River below Jamestown 
Dam, and Reedy Fork Creek below L'S 
29 bridge; 

(b) July 1 to June 30 with gigs in all public 
waters; 

(40) f444 Halifax: 

{^ Docembor 4- to March + wtA giU H<*t* 
tft W^hito'r , ^W1 l^ew^T 

(a) (44 December 1 to June 5 with dip and 

bow nets in Beech Swamp, Clarks Ca- 
nal, Conoconnara Swamp, Fishing 
Creek below the Fishing Creek Mill 
Dam, Kehukee Swamp, Looking Glass 
Gut, Quankey Creek, and White's Mill 
Pond Run; 

(b) ft4 July 1 to June 30 with dip and cast 

nets in Gaston Reser\oir and Roanoke 
Rapids Reservoir; 



NORTH CAROLINA REGISTER 



583 



PROPOSED RULES 



(41) f4^ Harnett: 

f»^ DL ' CL ' inbcr 4- te March 4- wrtfe aU r«4* 
ift ttli inland public watorr i ; 

(a) (4») Januar>' 1 to iMay 31 with gigs in 

Cape Fear River and tnbutaries; 

(b) fe) December 1 to June 5 with dip and 

bow nets in Cape Fear River; 

(42) (4^ Ha>'wood: July 1 to June 30 with 
gigs in all public waters, except Lake 
Junaluska and designated public moun- 
tain trout waters; 

(43) f44^ Henderson: July 1 to June 30 with 
gigs in all public waters, except designated 
public mountain trout waters; 

(44) f4^ Hertford: 

(a) Jul\ 1 to June 30 with traps m W'iccacon 

Creek: 

(b) December 1 to June 5 with dip and bow- 
nets in all inland public waters, exclud- 
ing public lakes, ponds, and other im- 
pounded waters; aft4 with ^ii fwte ift 
ali inland public waters, except Htiii 
pond '. : 

f4^ Hoke: Docombor ■)■ to March -V with ^^ 

H^t* » e*tt inland public waters; 
(45|H^ Hyde: 

(a) July I to June 30 with traps in all inland 
waters: 

(b) December 1 to June 5 with dip and bow 
nets m all inland public waters, exclud- 
ing public lakes, ponds, and other im- 
pounded waters; afi4 ' ■ vith att ftet* » 
Punao R.ivtfr »ft4 tnbutano ' j up^troam 
from ■t-S' iM bndgL ' . Scranton Crook, 
aft4 Long Shoul Riv e r »ft4 tributari e f . ; 

(46) f4% IredeFl: July 1 to June 30 with traps 
and gigs in all public waters; and with 
spear guns in Lookout Shoals Reservoir 
and Lake Norman: 

(47) (4% Jackson: July 1 to June 30 with gigs 
in all public waters, except designated 
public mountain trout waters; 

(45) (^U| Johnston: 

fa-)- Docomber 4- to .March 4- with ^ fwte 
Ht Cattails I alco. Holts 1 alee. Holts 
Pond. aft4 WcndoU LqUo; 

<4*^ December 1 to June 5 with dip and bow 
nets m Black Creek, Little River, Mid- 
dle Creek, Mill Creek, Neuse River, and 
Swift Creek; 
(4Q) (44-f Jones: 

(a) Jul\' 1 to June 30 with traps in the Trent 
Ri\-er below LS 17 bridge and WTiite 
Oak Ri\er below LS 17 bridge; 

(b) December 1 to June 5 with dip and bow 
bo' . ' i . afi4 »4i nets in all inland public 
waters, except the W'hito Oak Ri' . or ttft4 



ite tnbutanos; tributaries of White Oak 
River; 



(^ 



^ 



(b) 

(c) 



(b) 



(a) 
(b) 



Dooombur 4- to Juno ^ witfe 4ipaft4bow 

1 1 ir' L L) 1_1 1 H.TV 1 1 lUJXT I LJll \J I L 1 l\J II I LI L V ^^^Ot 

Rivor; 

^ i ■-. ^.^U 1 t.-i A r^nl ^n v,{ i 1 h trill " ■^*'- »«-i f 1-^-^ 

main FHft ef tk« W'hito Oak Pris'or; 

(50) (404 Lee: 

(a) December 1 to April 15 with dip afi4 
^ nets (local law) in Cape Fear River 
and Deep River; aft4 vrttfe ^ Hete » 
Morris Pond; 

July 1 to August 31 with seines in Cape 
Fear River and Deep River; 
July 1 to June 30 with traps in Deep 
River, and with gigs in aU public waters; 

(51) (4*^ Lenoir: 

(a) July 1 to June 30 with traps in Neuse 
River below US 70 bridge at Kinston; 
December 1 to June 5 w-ith dip and bow- 
bow, aft4 ^ nets in Neuse River and 
Contentnea Creek upstream from NC 
118 bridge at Grifton; and with seines 
in Neuse River; 
f444 Lincoln: 
July 1 to August 31 with seines in all 
running public waters; 
July 1 to June 30 with traps, gigs and 
spear guns in all public waters; 

(53) (44^ McDoweU: 

(a) July 1 to August 31 with seines in all 
running public waters, except desig- 
nated pubhc mountain trout waters; 

(b) July 1 to June 30 with traps, gigs, and 
spear guns in all public waters, except 
designated public mountain trout wa- 
ters and Lake James; 

(54) (-^ .Macon: July 1 to June 30 with gigs 
in all public waters, except designated 
public mountain trout waters; 

(55) f45-^ Madison: July 1 to June 30 with 
gigs in all public waters, except designated 
public mountain trout waters; 

(56) f4Kf Martm: December 1 to June 5 with 
dip and bow nets in all inland public wa- 
ters, excluding public lakes, ponds, and 
other impounded waters; aft4 with ^H- 
ftete ift a44 inland public V i ators; 

(57) f4ft} Mecklenburg: 

(a) July 1 to August 31 with seines in all 
running public waters; 

(b) July 1 to June 30 with traps, gjgs and 
spear guns in all public waters; 

(58) (4% Montgomer>-: 

(aj July 1 to August 31 with seines in all 
running public waters, except that part 
of the Pee Dee River between the Lake 



5S4 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Tillcry dam at 1 lydro and the mouth 
of Rocky River, 
(b) July 1 to June 30 with traps and gigs in 
all public waters; 

(59) f64i Moore: 

(a) Pooembor 4- te April 44 with ^ Rete i» 
Dt'op Rivor aft4 ati tributariu!); 

(a) f4») July 1 to August 31 with seines in all 

running public waters; 

(b) {^B^ July 1 to June 30 with gigs in ail 

public waters, except lakes located on 
the Sandhills Game Land; and with 
traps in Deep River and its tributaries; 

(60) (^ Nash: 

(a) DjCL'mber + te March 4- ¥r4t4t giU Hete 
ift Hoddicj Pond aftd (.'amp Churloo 
I uko; 

(a) (4*) July 1 to June 30 with gigs in all 

public waters, except Tar River; 

(b) fG^ December 1 to June 5 with dip and 

bow nets in the Tar River below Harris' 
Landing and Fishing (?reck below the 
Fishing Creek Mill Dam; 

(61) (4^ New I lanover: December 1 to June 
5 with dip and bow bow, a«4 ^ nets in 
all inland public waters, except Sutton 
(Catfish) Lake; 

(62) {4A^ Northampton: 

(a) July 1 to June 30 with gigs in all public 
waters, except Gaston and Roanoke 
Rapids Reservoirs and the Roanoke 
River above the US 301 bridge; 

(b) December 1 to June 5 with dip and bow 
nets in Occoneechee Creek, Old Ri\er 
r anding Gut aft4 with dipr bow t*ft4 ^ 
Ht4* i» and Vaughans Creek below 
Watsons Mill; 

(c) July 1 to June 30 with dip and cast nets 
in Gaston Reservoir and Roanoke Ra- 
pids Reser\'oir; 

(63) k^ Onslow: 

(a) July 1 to June 30 with traps in White 
Oak River below US 17 bridge; 

(b) August 1 to March 31 with eel pots in 
the main run of New Ri\er between 
US 17 bridge and the mouth of Maw- 
kins Creek; 

fe) Dt ' cc ' iTibu ' r 4- to March 4- with atU FWte ift 
Cathi ' rinn I,ako aft4 Ray^id e n Pond; 

(c) (4) December 1 to June 5 with dip and 

bow bow, cH+4 gtU nets in the main run 
of New River i*«4 svith 4tf> aH4 bow 
FK4* ift and the main run of the White 
Oak Ri\er; 

(d) (e) March 1 to Apnl 30 w+A gitt h«4* m 

the main fh» »4' the \\"hito Oak Rivor; 
aft4 with dip and bow bow aft4 gi44 nets 
in Grant's Creek; 



(64) (4^ Orange: 

(a) July 1 to August 31 with seines in Haw 
River, 

(b) July 1 to June 30 with gigs in all public 
waters; 

(65) i^ Pamhco: 

(a) December 1 to June 5 with dip and bow 

bow, afi4 ^ nets in all inland public 
waters; 

(b) Persons owning property adjacent to 
the inland fishing waters of Dawson 
Creek are permitted to set two crab pots 
to be attached to their property and not 
subject to special device license re- 
quirements. 

(66) (4^ Pasquotank: 

(a) July 1 to June 30 with traps in all inland 
waters; 

(b) December 1 to June 5 with dip and bow 
nets in all inland public waters, exclud- 
ing public lakes, ponds, and other im- 
pounded waters; aft4 with ^4i Hete ift 
al4 inland public wat e rs; 

(67) (40) Pender: 

(a) December 1 to June 5 with dip and bow 
bow, itft4 ^41 nets m Black Ri\cr, the 
Northeast Cape Fear River and Long 

^ 1 vC- r^ , tT 1 1 1 1 til LT CtTTTT I ' O Vl' rit?TW Ft t IT luvlt 

Riser; and with seines in the main run 
of Northeast Cape Fear River; 

(b) December 1 to May 1 wrt4» al4 Hete ift 
niack Rivur; aft4 with dip and bow 
how, ctftti ei4 nets in Moore's Creek 
approximately one mile upstream to 
New Moon Fishing Camp; 

(68) (-7% Perquimans: 

(a) July 1 to June 30 with traps in all inland 
waters; 

(b) December 1 to June 5 with dip and bow 
nets in all inland public waters, exclud- 
ing public lakes, ponds, and other im- 
pounded waters; iift4 with ^ Hete ift 
a44 inland public watcrti; 

(69) fT+i Person: 

(a) July 1 to August 31 with seines in Hyco 
Creek and Maho Creek, 

(b) July 1 to June 30 with gigs in all public 
waters; 

(c) July 1 to June 30 with traps in Hyco 
Reservoir; 

(70) f;tj) Pitt: 

(a) July 1 to June 30 with traps in Neuse 
River and in Tar River below the 
mouth of Hardee Creek east of Green- 
ville; 

(b) December 1 to June 5 vrttlt 4if*7 bew 
aftd drift gill ftet* »«4 with seines in Far 
River; and with dip and bow bow a«4 



NORTH CAROLINA REGISTER 



585 



PROPOSED RULES 



^ nets in all other inland public wa- 
ters, except Grindle Creek, and Con- 
tentnea Creek between NC 118 bridge 
at Grifton and the Neuse River; 

(71) f?i) Polk: July 1 to June 30 with gigs 
in all public waters, except designated 
public mountain trout waters; 

(72) (-54+ Randolph: 

fft^ Docombijr 4- to March + wrti* ^ fwt* 
ift Deep Riser aft4 L'wharrio R.iv e r, 

(a) (4*^ July 1 to August 31 with seines in 

Deep River and L wharrie River, 

(b) {^ July 1 to June 30 with gigs in all 
public waters; 

(73) f^ Richmond: 

(a) July I to August 31 with seines in all 
running public waters, except Pee Dee 
River from Blewett Falls downstream 
to the Seaboard Coast Line Railroad 
trestle: 

(b) July 1 to June 30 with traps and gigs m 
all public waters, except lakes located 
on the Sandhills Game land; 

(c) December 1 to June 5 with dip and bow 
nets in Pee Dee River below Blewett 
Falls Dam: m¥^ v , \\h. giii fwte i» Pc^<* 
©e^^ Ri>or bolQ' . v ti^ mouth ef Cart 
ledge Creek: 

(74) (^^ Robeson: December 1 to March 1 
with aH Hete aft4 gigs in all uiland public 
waters; 

(75) (-W^ Rockingham: 

(a) July 1 to August 31 with seines in Dan 
River and Haw River: 

(b) July 1 to June 30 with traps in Dan 
Rher; and with gigs in all public waters; 

(76) f^?^ Rowan: 

(a) July 1 to August 31 with seines m all 
running public waters. 

(b) July 1 to June 30 with traps and gigs in 
all public waters; 

(77) m^ Rutherford: 

(a) July 1 to August 31 with seines in all 
running public water*;, except desig- 
nated public mountain trout waters; 
July 1 to June 30 with traps, gigs, and 
spear guns in all public waters, except 
designated public mountain trout wa- 
ters; 

(78) fWf Sampson: 

f»4 December + h+ March 4- wi+l+ all H^t*; 

m all inland public wat e rs: 
(-b-^ December -J- te- May 4- >vith all fh?t& m 

&te Cohane Creek. Black River. aft4 

&**r Run; . C?reek: 

t .'^ \ \ I'll- 7 i . ^ I 1 1 »T - 1 ^ -W lf\-\ 1 >-t 1 1 r-< . it ■- . 'I T T-1 . A I 1 ■- .~ 

\^-l - ' I VI T ~ TTT cTTTTT^ T" • ' I I I I ^ITT 1 1 L \, J KJ 1 rTTT H> J^' 

than t+v^ ttfhi one half hwI* r . t retch 



(b) 



moaGur e m B+g Cohone Creek. Black 
River. <m^ Si* Rune Cr e ek: 
(4f December 1 to June 5 with dip and bow- 
nets in Big Coharie Creek, Black River, 
and Six Runs Creek; 
fS4-} Scotland: Docembor 4- te March 4- v4tb 
all ft<*f& m aH inland pubho waters, except 
lak e s located »» tfe« SandhiUs Gamo 
I and: 
(79) {m Stanly: 
(a) July 1 to August 31 with seines in all 
running public waters, except that part 
of the Pee Dee River between the Lake 
Tillert' Dam, at H\dro and the mouth 
of Rockv Ri\er: 



(b) 



July 1 to June 30 with traps and gigs in 
all public waters; 

(50) ^Kif Stokes: July 1 to June 30 with traps 
and gigs in all public waters, except desig- 
nated public mountain trout waters, and 
traps may not be used in Belews Creek 
Reservoir; 

(51) (^4+ Surrv': July 1 to June 30 with gigs 
in all public waters, except designated 
public mountain trout waters; and with 
traps in the main stem of Yadkin River; 

(52) fi^ Swain: July 1 to June 30 with gigs 
in all public waters, except designated 
public mountam trout waters; 

(53) (-8^ Trans\l\ania: July 1 to June 30 
with gigs in all public waters, except des- 
ignated public mountain trout waters; 

(N4)^fAZ| Tyrrell: 
(a) July 1 to June 30 with traps in Scup- 
pemong Ri\er, /VUigator Creek, and the 
drainage canals of Lake Phelps except 
Bee Tree Canal within 50 yards of the 
Lake Phelps fish ladder; 
December 1 to June 5 with dip and bow- 
nets in all inland public waters, exclud- 
ing Lake Phelps. Bee Tree Canal within 
50 yards of the Lake Phelps fish ladder, 
public lakes, ponds and other im- 
pounded waters: aftd with sH aets » 
iVlligator Crook: 

(85) m-i Union: 

(a) July 1 to August 31 with seines in all 
running public waters, 

(b) July 1 to June 30 with traps and gigs in 
all public waters; 

(S6) fXO+ \'ance: 
tef December 4- to .March 4- Vr44* all fi^te 
ift Southerlandc Pond aft4 Hlir. Pond: 

(a) rtH July 1 to August 3 1 with seines in the 

Tar Ri\er: 

(b) (-^ July 1 to June 30 with gigs in all 
public waters, except Rolands. Faulk- 



(bj 



5S6 



NORTH CAROLLWA REGISTER 



PROPOSED RULES 



ners, Southcrlands, and Weldon Ponds, 
City Lake, and Kerr Reservoir; 
(c) (4^ July 1 to June 30 with dip and cast 
nets in Kerr Reservoir; 

(87) {m, Wake: 

(a) July 1 to June 30 with gigs in all public 
waters, except Sunset, Benson, 
WTieeler, Raleigh, and Johnson Lakes; 

(b) December 1 to June 5 with dip and bow 
nets in the Neuse River below Milbur- 
nie Dam, and Swift Creek below Lake 
Benson Dam; 

(88) f^ Warren: 

(a) July 1 to August 31 with seines in 
Fishing Creek, Shocco Creek, and 
Walker Creek; excluding Duck and 
Hammes Mill Ponds; 

(b) July 1 to June 30 with gigs in all public 
waters, except Duck and Hammes MiU 
Ponds, Kerr Reservoir, and Gaston 
Reser\'oir; 

(c) July 1 to June 30 with dip and cast nets 
in Kerr Reservoir and Gaston Reser- 
voir; 

(89) (-tOi Washington: 

(a) July 1 to June 30 with traps in the 
drainage canals of Lake Phelps; 

(b) December 1 to June 5 with dip and bow 
nets in all inland public waters, exclud- 
ing Lake Phelps, public lakes, ponds 
and other impoundments; ttft4 wi+fe aii 
ftete i» Conabv Crook; 

(90) m^ Wayne: 

(*)• Docombor 4- to March 4- ' ■ sith gtH- fwte 
ift Sass e r's MiU Pond rtft4 Sloopy Crook 
luko; 

(fe^ December 1 to June 5 with dip and bow- 
nets in Little River, Mill Creek, and 
Neuse River, except from Quaker Neck 
Dam downstream to SR 1008 (Tolar) 
bridge; 

(91) (4i4i Wilkes: July 1 to June 30 with traps 
in Yadkin River below W. Kerr Scott 
Reservoir; and with gigs and spear guns in 
all public waters, except designated public 
mountain trout waters; 

(92) (Oi^ Wilson: 

(a) July 1 to June 30 with gigs in Content- 
nea Creek (except Buckhom Reser- 
voir), including unnamed tributaries 
between Flowers Mill and SR 1 163 
(Deans) bridge; 

(b) December 1 to June 5 with dip and bow 
nets in Contentnea Creek below L'S 
301 bridge and in Toisnot Swamp 
downstream from the Lake Toisnot 
Dam; 



(e) Januar)^ 4- to March 4- wi4* ^ net* m 
Silver [jake; 
(93) (^ Yadkin: July 1 to June 30 with gigs 
in all public waters, and with traps in the 
main stem of Yadkin River. 

Statutory Authority G.S. 113-134; 113-292. 

SUBCHAPTER lOD - GAME LANDS 
REGULATIONS 

.0002 GENERAL REGULATIONS 
REGARDING USE 

(c) Possession of Hunting Devices. It is 
unlawful to possess a firearm or bow and ar- 
row on a game land at any time except during 
the open hunting seasons or hunting days for 
game birds or game animals thereon unless 
said device is cased or not immediately avail- 
able for use, provided that such devices may 
be possessed and used by persons participatmg 
in field trials on field trial areas and on target 
shooting areas designated by the landowner, 
and possessed in designated camping areas for 
defense of persons and property; and provided 
further that .22 caliber pistols with barrels not 
greater than seven and one-half inches in 
length and shooting only short, long, or long 
rille ammunition may be carried as side anns 
on game lands at any time other than by hun- 
ters during the special bow and arrow and 
muzzle-loading firearms deer' hunting seasons 
and by individuals training dogs during closed 
season without field trial authorization. This 
Rule shall not prevent possession or use of a 
bow and arrow as a licensed special fishing 
de\ice in those waters where such use is au- 
thori7,ed. During the closed firearms seasons 
on big game (deer, bear, boar, wild turkey), no 
person shall possess a shotgun shell containing 
larger than No. 4 shot or any rifle larger than 
a .22 caliber rimfire while on a game land, ex- 
cept that shotgun shells containing No. 2 shot 
may be used on Croatan, Goose Creek and 
Gull Rock Game Lands. 

No persons shall hunt with or ha\-e in pos- 
session any shotgun shell containing lead or 
toxic shot while hunting on any posted water- 
fowl impoundment on any game land, or while 
hunting waterfowl on Butncr- Palls oT Neuse 
Game Land or New Hope Game Land. 

(f) Lrapping. Subject to the restrictions 
contamed m 15 NCAC lOB .0110, .0302 and 
.0303, trapping of furbearing animals is per- 
mitted on game lands during the applicable 
open seasons, except that trapping is prohib- 
ited: 



NORTH CAROLINA REGISTER 



5S7 



PROPOSED RULES 



(1) 
(2) 
(3) 



on the field trial course of the Sandhills 
(jame I^and; 

on the Harmon Den and Sherwood bear 
sanctuaries in Ha>'wood County; 
in posted "safety zones" located on any 
game land; 
(4) by the use of multiple sets (with anchors 
less than 15 feet apart) or bait on the 
National Forest Lands bounded by the 
Blue Ridge Parkway on the south, US 
276 on the north and cast, and NC 215 
on the uest; 

on that portion of the Butner-Falls of 
Neuse Game Lands marked as the 
Penny Bend Rabbit Research area; 

8«- tho ' jL ' arL ' iio ef ^ i tatu ossiud land 
known collL ' ctivL ' ly a* thi* Roanoko 
Ri' i L ' r Wt ' tlund j i aft4 includinu A*» Bro 
adn e ck. Company Swamp, Conin e i*- 
lund, SpolltT Outlu' i ' i ' aft4 I rquhart 
tracts. 
(6) (^ on Cowan's Ford Waterfowl Refuge 
in Gaston, Lincoln and Mecklenburg 
Counties. 
On those areas of state-owned land known 
collectivch as the Roanoke River Wetlands 
and including the Broadneck. Company 
Swamp. Comne Island. Speller-Outlaw and 
I rquhart tract 



(5) 



^ 



controlled trapping is allowed 
under a permit s\ stem, lor i nformation con- 
tact the ni\ision oi_ Wildlife Management of 
the Wildlife Resources Commission. 



Statuton- Authoriiv G.S. 1/3-/34; 1/3-264; 
I/3-2W.3; //3-29/.2; //3-29/.5; //3-305; 
J / 3-306. 

.0003 Ml NTING ON GAME L,\NDS 

(c) Time and Manner of Taking. Except 
where closed to hunting or Limited to specific 
dates by these regulations, hunting on game 
lands is permitted during the open season for 
the game or furbearing species being hunted. 
On managed waterfowl impoundments, hunt- 
ers shall not enter the posted impoundment 
areas earlier than 4:00 a.m. on the pcnnitted 
hunting dates, and hunting is prohibited after 
1:00 p.m. on such hunting dates; decoys may 
not be set out prior to 4:00 a.m. and must be 
remo\cd bv 3:110 p.m. each da\ . On Butner- 
lalls ot Neuse, New Hope and Shearon Harris 
Game Lands water foul hunting is limited to 
the period from one-half hour before sunrise 
to 1:00 p.m. on the open hunting days. No 
person shall operate any \essel or vehicle 
powered by an internal combustion engine on 
a managed wateribwl impoundment. 



No person shall attempt to obscure the sex 
or age of any bird or animal taken by severing 
the head or any other part thereof, or possess 
any bird or animal which has been so muti- 
lated. 

No person shall place, or cause to be placed 
on any game land, salt, grain, fruit, or other 
foods without prior written authorization of 
the commission or its agent and no person 
shall take or attempt to take any game birds 
or game animals attracted to such foods. No 
person shall use an electronic calling device for 
the purpose of attracting wild birds or wild 
animals. 

No live wild animals or wild birds shall be 
removed from any game land, 
(d) Hunting Dates 
(2) Any game may be taken during the 
open seasons on the following game 
lands and hunting is limited to Mon- 
days, Wednesdays, Saturdays and 
Thanksgiving, Christmas and New 
Years Days. In addition, deer may be 
taken with bow and arrow on the 
opening day of the bow and arrow sea- 
son for deer. Raccoon and opossum 
hunting may continue until 7:00 a.m. 
on Tuesdays, until 7:00 a.m. on Thurs- 
days, and until midnight on Saturdays. 
Additional restrictions apply as indi- 
cated in parentheses following specific 
designations: 
Ashe County--Carson Woods Game 

Land 
Beaufort and Craven Counties--Big 
Pocosin Game Land (Dogs may not 
be trained or used in hunting from 
March 2 to August 3 1 . Deer of either 
sex mav be taken on November 30 
and on December 3^ frapping is 
controlled by the landowner.) 
Bertie County-- Bertie County Game 

Lands 
Bladen County--Bladen L^kes State 
Forest Game Lands (Handguns may 
not be carried and, except for muz- 
zle-loaders, rifles larger than .22 cali- 
ber rimfire may not be used or 
possessed. On the Breece Tract and 
the SingletaPt' Tract deer and bear 
may be taken only by stiU hunting.) 
Cabarrus County--River View Acres 

Game Land 
Caswell County--CasweLl Game Land 
(That part designated and posted as 
a "safety zone" is closed to all hunt- 
ing and trapping, and entr>' upon 
such area for any purpose, except by 



5SS 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



authorized personnel in the perform- 
ance of their duties, is prohibited. 
On areas posted as "restricted zones" 
hunting is limited to bow and arrow.) 
Lenoir County— H.M. BizzelJ, Sr., 

Game Land 
Onslow County-White Oak River Im- 
poundment Game Land (In addition 
to the dates above indicated, water- 
fowl may be taken on the opening 
and closing days of the applicable 
waterfowl seasons.) 
Pender County--Holly Shelter Game 
Land (In addition to the dates above 
indicated, waterfowl may be taken on 
the opening and closing days of the 
applicable waterfowl seasons.) 
Richmond, Scotland and Moore 
Counties--SandhiUs Game Land 
(The regular gun season for deer 
consists of the open hunting dates 
from the second Monday before 
Thanksgiving to the third Saturday 
after Thanksgiving except on the field 
trial grounds where the gun season is 
from the second Monday before 
Thanksgiving to the Saturday fol- 
lowing Thanksgiving. Deer may be 
taken with bow and arrow on all 
open hunting dates during the bow 
and arrow season, as well as dunng 
the regular gun season. Deer may 
be taken with muzzle-loading fir- 
earms on Monday, Wednesday and 
Saturday of the second week before 
Thanksgiving week, and during the 
regular gun season. Fxcept for the 
deer seasons above indicated and the 
managed cither-sex permit hunts, the 
field trial grounds are closed to all 
hunting during the period October 22 
to .March 31. In addition to the reg- 
ular huntmg days, waterfowl may be 
taken on the opening and closing 
days of the apphcable waterfowl sea- 
sons.) 
Robeson County--Keith Farm Game 

Land (No deer may be taken.) 
Stokes County— Sauratown Plantation 

Game Land 
\'adkin County-- Huntsville Commu- 
nity Farms Game l^nd 
(3) Any game may be taken on the follow- 
ing game lands during the open season, 
except that; 
(A) Bears may not be taken on lands 
designated and posted as bear sanctu- 
aries; 



(B) Wild boar may not be taken with the 
use of dogs on such bear sanctuaries, 
and wild boar may be hunted only 
during the bow and arrow seasons and 
the regular gun season on male deer on 
bear sanctuaries located in and west of 
the counties of Madison, Buncombe, 
Henderson and Polk; 

(C) On game lands located in or west of 
the counties of Rockingham, Guilford, 
Randolph, Montgomery' and Anson, 
dogs may not be used for any hunting 
(day or night) during the regular season 
for hunting deer with guns; except that 
small game may be hunted with dogs in 
season on all game lands, other than 
bear sanctuaries, in the counties of 
Cherokee, Clay, Jackson, Macon, Ma- 
dison, Polk and Swain; 

(D) On Croatan, Goose Creek, New 
Hope and Shearon Harris Game T^nds 
waterfowl may be taken only on Mon- 
days, Wednesdays, Saturdays; on 
Thanksgiving, Christmas and New 
Years Days; and on the opening and 
closing days of the applicable waterfowl 
seasons; except that outside the posted 
waterfowl impoundments on Goose 
Creek Game Land hunting any water- 
fowl in season is permitted afty week 
day during t4*e kt«4 -W days »f on Mon- 
day through Saturday during the regular 
duck season as established by the U.S. 
Fish and Wildlile Service; 

(E) On the posted waterfowl impound- 
ments of Gull Rock Game L^nd hunt- 
ing of any species of wildlife is limited 
to Mondays, Wednesdays, Saturdays; 
Thanksgiving, Christmas, and New 
Years Days; and the opening and clos- 
ing days of the apphcable waterfowl 
seasons; 

(F) On bear sanctuaries in and west of 
Madison, Buncombe, Henderson and 
Polk Counties dogs may not be trained 
or allowed to run unleashed between 
March I and October 1 1 ; 

{G^ Additional r e' jtriotiony . apply as indi 
oated ift paronth e o e s following sp e cific 
dosignationo; aH4 

(G) (-H^ On Butncr- Falls of Neuse and 
Person Game Lands waterfowl may be 
taken only on Tuesdays, Thursdays and 
Saturdays, Christmas and New Years 
Days, and on the opening and closing 
days of the apphcable waterfowl sea- 
sons; 



NORTH CAROLINA REGISTER 



5S9 



PROPOSED RULES 



(H) On Angola Bav. (.'roatan. Goose 
(.Vcck, Hofmann 1-orest and luscarora 
Cjame 1 ands deer of cither sex may be 
taken dunnjj the pcnod November 30 
through December 3^ and 

( 1) .Additional restnctions or modifica- 



tions apph" as indicated in parentheses 

foUou'ing specific designations. 

Alexander and Caldwell Counties- 
Brushy Mountains Game Lands 

Anson County--Anson Game Land 

Ashe County-- Bluff Mountain Game 
Lands 

Ashe County--Cherokee Game Lands 

Ashe and Watauga Counties--Elk 
Knob Game Land 

Avery, Buncombe, Burke, Caldwell, 
Ha\"\vood, Henderson. Jackson, Ma- 
dison, McDoweU, Mitchell, Transyl- 
vania, Watauga and Yancey 
Counties- Pisgah Game Lands (Har- 
mon Den and Sherwood Bear Sanc- 
tuaries in Ha>^vood County are 
closed to hunting raccoon, opossum 
and wildcat. Training raccoon and 
opossum dogs is prohibited from 
March 1 to October 1 1 in that part 
of Madison County north of the 
French Broad Ri\er, south of LS 
25-70 and west ofSR 1319.) 

Beaufort, Bertie and Washington 
Counties--Bachelor i3a\ Game Lands 

Beaufort and Pamlico Counties--Goose 
Creek Game Land 

Brunswick County--Grcen Swamp 
Game Land 

Burke County--South Mountains 
Game Lands 

Burke, McDowell and Rutherford 
Counties--Dysartsville Game Lands 

Caldwell County— Yadkin Game Land 

Carteret, Craven and Jones Counties-- 
Croatan Game L ands 

Chatham County--Chatham Game 
Land 

Chatham and Wake Counties- -New 
Hope Game Lands 

Chatham and Wake Counties--Shearon 
Harris Game Land 

Cherokee, Clay, Graham, Jackson, 
Macon, Swain and Transylvania 
Counties-- Nantahala Game Lands 
(On Fires Creek Ik'ar Sanctuar\' in 



Clay County deer ma\' be hunted on 
the opening da\ and on Fndavs. Sat- 
urdays and 1 hanks>ri\ ing Da\' of the 
applicable gun season on deer. Rac- 
coon and opossum may be hunted 



only from sunset Friday until sunrise 
on Saturday and from sunset until 
12:00 midnight on Saturday on Fires 
Creek Bear Sanctuary in Clay 
County and in that part of Cherokee 
County north of US 64 and NC 294, 
east of Persimmon Creek and Hi- 
wassee Lake, south of Hiwassee Lake 
and west of Nottely River; in the 
same part of Cherokee County dog 
training is prohibited from March 1 
to October 11. It is unlawful to train 
dogs or allow dogs to run unleashed 
on Fires Creek Bear Sanctuary at any 
time, except that dogs may be used 
when hunting raccoon or opossum 
and for hunting grouse and rabbits 
during the open seasons. It is un- 
lawful to train dogs or allow dogs to 
run unleased on any game land in 
Graham County between March 1 
and October 11.) 

Cleveland County--Gardner-Webb 

Game Land 

Craven County--Tuscarora Game Land 

Currituck County— North River Game 
Land 

Currituck County--Northwest Ri\er 
.Marsh Game Land 

Dare County--Dare Game Land (No 
hunting on posted parts of bombing 
range.) 

Davidson, Da\ie and Rowan Coun- 
ties--.\lcoa Game Land 

Davidson County-- Linwood Game 
Land 

Davidson, Montgomery, Randolph and 
Stanly Counties--Lwharrie "Game 
Land 

Duplm and Pender Counties--,Angola 
Bay Game Land 

Durham, Granville and Wake Coun- 
ties- Butner- Falls of Neuse Game 
Land (On that portion posted as the 
National Guard Rifle Range huntmg 
and trapping is prohibited except 
during the following period: The 
second Monday before Thanksgi\ing 
to January 1. On portions of the 
Butner Game Land designated and 
posted as "safety zones" and on that 
part marked as the Penny Bend 
Rabbit Research /Vrea no hunting is 
permitted. On portions posted as 
"restricted zones" hunting is limited 
to bow and arrow during the bow 
and arrow season and the regular gun 
season for deer.) 



590 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Franklin County— Franklin Game 

I.ands 
Gates County—Chowan Swamp Game 

Land 
Granville County— Granville Game 

Lands 
Halifax County— Halifax Game Land 
Harnett County— Harnett Game Land 
Henderson, PoUc and Rutherford 

Counties-Green River Game Lands 
Hyde County-Gull Rock Game Land 
Hyde County— Pungo River Game 

Land 
Hyde and Tyrrell Counties— New Lake 

Game Land 
Jones and Onslow Counties— Hofmann 

Forest Game Land 
Johnston County— Johnston Game 

l^and 
Lee County— Lee Game Land 
McDowell County-Hickory Nut 

Mountain Game Land 
Moore County— Moore Game Land 
New Hanover County— Catfish Lake 

Game Land 
Northampton County- Northampton 

Game Land 
Orange County--Orange Game Land 
Person County— Person Cjame I and 
Richmond County— Richmond Game 

Land 
Transylvania County— loxaway Game 

Land 
Vance County--Vance Game Land 
Warren County-Warren Game Lands 
Wilkes County— Thurmond Chatham 

Game Land 
(4) Deer of cither sex may be taken on 
the hunt dates indicated by holders of 
permits to participate in managed hunts 
scheduled and conducted in accordance 
with this Subparagraph on the game 
lands or portions of game lands in- 
cluded in the following schedule: 

Wednesday and Thursday of the first 
week after Thanksgiving Week: 
Crouton 

Uwharrie & Alcoa southeast of NC 
49 

Thursday and Friday of the first week 
after 'Thanksgiving Week: 
ftg Pocof . m 

Rladen 1 akes State Forest 
Holly Shelter 



Third Saturday after Thanksgiving Day: 
Carson Woods 
Thurmond Chatham 

Thursday and Friday of the third week 
after Thanksgiving Week: 
Sandhills east of US 1 
Sandhills west of US 1 

Fourth Saturday after Thanksgiving 
Day: 

Dysartsville in McDowell County 
Green River 
Hickorvnut Mountain in McDowell 

County 
Pisgah in Avery County 
Pisgah in Burke County 
Pisgah in Caldwell County 
Pisgah in McDowell County 
Pisgah in Yancey County north of 

US 19-19E 
South Mountains 
Thurmond Chatham 
Application forms for permits to par- 
ticipate in managed deer hunts on game 
lands, together with pertinent informa- 
tion and instructions, may be obtained 
from hunting and fishing license agents 
and from the Wildlife Resources Com- 
mission. Completed apphcations must 
be received by the Commission not la- 
ter than the first day of October next 
preceding the dates of hunt. Permits 
are issued by random computer se- 
lection, are mailed to the permittees 30 
days prior to the hunt, and are non- 
transferable. Fach permit is accompa- 
nied by an appropriate big game tag. 
A hunter making a kill must tag the 
deer and report the kill to a wildlife 
cooperator agent. 
(5) Except as otherwise indicated, the 
following game lands or indicated por- 
tions thereof are closed to all hunting: 
Bertie, 1 lalifax and Martin Counties-- 
Roanoke River Wetlands, consisting 
of the state-owned Ikoadneck, Com- 
pany Swamp, Conine Island, Spel- 
ler-Outlaw and Urquhart tracts 
(controlled hunting is scheduled and 
allowed by permit only. Interested 
persons should contact the Di\ision 
of Wildlife Management of the Wild- 
hfe Resources Commission at the 



Archdalc Building, 



Street, Raleigh, 
27611.) 



512 N. Salisbury 
North Carolina 



NORTH CAROLINA REGISTER 



591 



PROPOSED RULES 



Caswell County--Cas\vcU Game l^and 
(That portion designated and posted 
as a "Safety Zone") 

Dare County--Dare Game Lands 
(Those parts of bombing range 
posted against hunting) 

Gaston, Lincoln and Mecklenburg 
Counties--Cowan's Ford Waterfowl 
Refuge (except for youth either-sex 
deer hunts by permit only on the first 
and second Saturdays in October). 

Roanoko Rivor W e tlands — (cxcopt hf 
holder!) »f opecial p i^ nnits uuthorraing 
4ei*f hunting &» t+h» Broadnook, 
Compciny Swamp ftft4 Coninij L . land 
trcicto » Bortic County aH4 Ae Spel 
Icr Outlaw tract m Martin County; 
aft4 except h^ holder ' : , ef i i pecial p<M^ 
mi ti l authoni'.ing V i 'aterlb' . ' i d a«4 smaU 
game huntuig e» t4*t» Coiun e loland 
tract BVt W' e dne - jdays aft4 Saturdays 
during Jimuary, t . uch pennits to h% 
if .'i ued hf authorised ropreoentati' i oo 
»f tfe# Wildlife Reoourceu Co mini s 

Statutoty Aulhoritv G.S. 113-134: 113-264; 
113-291.2: 113-291.5: 113-305. 

.0004 FISHING ON GAME LANDS 

(b) Designated Public Mountain Trout Wa- 
ters 

(4) Native Trout Waters 

(A) Designation. So much of the fol- 
lowing public mountain trout waters, 
including all tributaries unless otherwise 
indicated, as are located on game lands, 
are further designated as native trout 
waters: 
/Vrmstrong Creek above the state fish 

hatcher)' in McDoweU County 
Averv' Creek m Trans\ Ivaiiia County 
Big Creek m Ha\"vvood Countv 
Big Creek in Henderson County 
Big Creek in \'ancey County 
Big East Fork of Pigeon Ri\er in Hay- 
wood County 
Big Snowbird Creek above the old rail- 
road junction in Graham County 
Bowlen's Creek in Yancey County 
Bradley Creek in the counties of Hen- 
derson and Transxhania 
Buck Creek in Clay County 
Buck Timber Creek, excluding ail tri- 
butaries, in .\\er>' County 
Caney Fork Creek in Jackson County 
Car\' Flat Branch in /\vcr)' County 



Cataloochee Creek in Haywood 

County 
Colbert Creek in Yancey County 
Curtis Creek above the fish barrier in 

McDowell County 
Davidson River, above its confluence 
with Avery Creek, except Grogan 
Creek in Transylvania County 
Fires Creek in Clay County 
Flat Creek in Jackson County 
Fletcher Creek in Henderson County 
Gage Creek in Jackson County 
Harper Creek in the Counties of A%'ery 

and Caldwell 
Left Prong of Pigeon Roost (Bear 

Wallow) Creek in Mitchell County 
Little East Fork of Pigeon River in 

Hai-wood County 
Lost Cove Creek, except Gragg Pong 
and Rockhouse Creek, in Avery 
County 
Mackey Creek in McDowell County 
Middle Creek in Yancey County 
Middle Prong, West Fork of Pigeon 

River in Haywood County 
Nantahala River above the bear sanc- 

tuar\' line in Macon County 
North Fork French Broad Ri\er up- 
stream from Long Branch in Tran- 
sylvania County 
North Harper Creek in Avery County 
Rock Creek in \'ancey County 
Slick Rock Creek on the Tennessee line 

and m Graham County 
South Harper Creek in Avery County 
South Mills River in the counties of 

Henderson and Transylvania 
South Toe River from headwaters to 
upper game land boundary below 
Black Mountain Campground in 
Yancey County 
Steels Creek in Burke County 
Tanasee Creek in Jackson County 
L'pper Creek in Burke County 
Whitewater River below Silver Run 
Creek, and excluding all tributanes, 
in the counties of Jackson and Tran- 
sylvania 
Wilson Creek above the Jim Todd 

property in Avery County 
Wolf Creek, e.xcept Old Mead Lake, in 
Jackson County 

Statutoiy Authohtv G.S. 113-134: 113-264; 
113-272; 113-292; '113-305. 

■k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k 



592 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



No 



' otice is hereby given in accordance with G.S. 
I50B-I2 that the North Carolina Wildlife Re- 
sources Commission intends to amend the reg- 
ulation cited as 15 NCAC /OF .03 JO; and adopt 
regulations cited as 15 NCAC J OF .0353 and 
.0354. 

1 he proposed effective date of this action is 
April I, I98S. 

1 he public hearing will be conducted at 10:00 
a.m. on January 15, I9S8 at Room 3S6, Arch- 
dale Bldg.. 512 N. Salisbury St., Raleigh, NC 
27611. 

\^ omment Procedures: Interested persons 
mav present their views either orally or in writ- 
ing at the hearing. In addition, the record of 
hearing will be open for receipt of written com- 
ments from December 31, 1987, to 5:00 p.m. 
on .lanuary 31 , I9S8. Such written comments 
must be delivered or mailed to the Wildlife Re- 
sources Commission. 512 N. Salisbury Street, 
Raleigh, NC 2''61I. 

SI BCHAPl KK lOF - MOTOKBOATS AND 
\\ ATKR SAFETY 

SKCTION .0300 - l.OCAI. WATKR SAFETY 
KE(;i EATIONS 



.0353 IVIECKLENBLRG COUNTY 

(a) Regulated Area. This Rule applies to the 
cove of Mountain Island Lake lying north of 
and adjacent to the Latta Plantation Park and 
adjacent to the Mecklenburg County Park and 
Duke Power Company properties. 

(b) Speed Limit. No person shall operate 
any motorboat or vessel at greater than no- 
wake speed within the regulated area described 
in Paragraph (a) of this Rule. 

(c) Placement and Maintenance of Markers. 
The Board of Commissioners of Mecklenburg 
County is designated a suitable agency for 
placement and maintenance of markers imple- 
menting this Rule. 

Statutory Authority G.S. 75A-3; 75A-15. 

.0354 PITT COUNTY 

(a) Regulated Area. This Rule applies to the 
entire inlet of Hardee Creek from the Tar 
Ri\ er in Pitt County. 

(b) Speed Limit. No person shall operate a 
motorboat or vessel at greater than no-wake 
speed within the regulated area described in 
Paragraph (a) of this Rule. 

(c) Placement and Maintenance of Markers. 
The Board of Commissioners of Pitt County 
is designated a suitable agency for placement 
and maintenance of markers implementing this 
Rule. 



.0310 DARE COUNTY 

(a) Regulated Areas. This Rule applies to 

the following waters and portions of waters: 

(1) Mantco. Ihat portion t»f Duughi . Crook 

from ite mouth *t Sh(illowbag ©ay t» 

aft4 including th^ Innor Harbor, aft4 th« 

canal lying nortli aH4 ea^ trf thi* ElLi^a 

nooting Douglio Crook vsith Shallowbag 
Bay. Doughs Oeck adjacent to Shal- 
lowbag Ba\ and aU canals situated 
within the temtonal LiirLits of the Town 
of .Mantco. 
(5) Wanchese. 

(A) The waters of Wanchese Harbor; 

(6) Ihe Canal from its beginning where 
it connects with the Roanoke Sound 
south of the dead end road SR 1 141 
extending northwest roughh' parallel to 
SR 1141 and SR 1142, then westward 

dlv 



roughh parallel to NC .345, and hn. 



curving to the southwest roughly paral- 
lel to the C.B. Daniels Road to its end; 

Statutory Authoritv G.S. 75A-3; 75A-I5. 



Statutory Authority G.S. 75A-3; 75A-/5. 

TITLE 21 - OCCl P.ATIONAL LICENSING 
BOARDS 



i V otice is hereby given in accordance with G.S. 
I50B-I2 that the N.C. State Board of Cosmetic 
Art E.xaminers intends to adopt regulations 
cited as 21 NCiC 14C .0103; I4F .0013; I4G 
.0016: I4M .0016 - .00/7: amend regulations 
cited as 2/ NCAC /4A .0/02; /4A .0/04 - 
.0/05; /4B .0/0/ - .0/02; .0/05 - .0/07; .020/; 
.0302 - .0303; .0305 - .0306; .0308 - .0309; 
.050/; .0503; /4C .0/0/; .0202: .030/; .0503 - 
.0504: .060/; .0805; .0903 - .0904; .0906 - 
.0908: /4D .010/; .0/03 - .0/04; .0302 - .0303; 
.0305; .0309 - .03/0; /4F .000/; .0004 - .0005; 
.0007 - .0009; .00/2; /4G .0002 - .0004: .0008: 
.00// - .00/4; /4H .0009 - .00/0; .00/2 - .00/3; 
/4I .0/0/; .0/03 - .0/07; .0109; .0302; /4J 
.0/03 - .0/06: .0204 - .0206; .0302 - .0305; 
.0402 - .0404; /4K .0002; /4L .0/0/; .0/03; 
.0204 - .0206; .0208 - .0209; .02/4: /4M .0001; 
.0004 - .0006; .00/4 - .00/5: repeal regulations 
cited as 2/ NCAC /4A .020/ - .0207; .030/ - 






NORTH CAROLINA REGISTER 



593 



PROPOSED RULES 



.0300: I4B .0/03 - .0/04; .0202 - .0204; .030/; 
.040/ - .0402; /4C .0/02; .0302 - .0304; .050/ 

- .0502; .070/ - .0702; .090/ - .0902; .0905; 
.0909 - .09//; /4D .0/02; .020/ - .0205; .030/; 
.0304; .040/ - .0402; .050/ - .0503; /4E .0/0/ 

- .0/03; .020/ - .0205; /4F .0002 - .0003; 
.0006; .00//; /4G .0005. 

1 lie proposed effective date of this action is 
.April /. /98S. 

1 he public /tearing will be conducted at 9:00 
a.m. on January /4. /98S at 4/0/ North Bhd., 
Suite 11. Raleigh. N.C. 



c 



omment Procedures: Any person may re- 
quest information or copies of the proposed 
tides by writing or calling Vicky Goudie. N.C. 
State Board of Cosmetic Arts Examiners, 4/0/ 
North Bh'd.f Suite H, Raleigh. N.C. 27604, 
(9/9) 733-30/0. Written comments on these 
ndes may be sent to \/rs. Goudie by January 
/4, 19SS at the above address. Written and 
oral (for no more t/ian ten minutes I comments 
at least three days prior to the hearing if you 
desire to speak. 

CMAPTFR 14 - BOARD OF COSMETIC ART 
EXAMINERS 

SLBCIIAI'IER 14A DEPARTMENTAL 
RLLES 

SECTION .0100 - ORGANIZATIONAL RULES 

.0102 I'lnSICAL ADDRESS 

The physical address of the North Carolina 
State Board of Cosmetic Art Examiners is -144 
Wont I larcott Street. Raleigli. Noilh Carolina 
^T^dW. 4H)I North Blvd.. Suite H, Ralciizh. 
North Carolina 27604. 

Statutory Authority G.S. S8-23; l50B-//(/ i. 

.0104 MAILING ADDRESS 

The mailing address for the North Carolina 
State I5oard of Cosmetic Art I'xammers is Fo; . t 
Qfl^ tto* 444^ Raieiiih, NwOt Curolinu 
11M2. 4101 North Blvd.. Suite 11. Ralemh. 
North Carolina 27W)4. 



Siatuto/y Authority G.S. 88-23; /50B-l/(/). 

.0105 I'lRI'OSE AND RESPONSIHll I IV 

The purpose and responsibilities of the North 

Carolina State Board of Cosmetic Art Hxam- 

iners arc as follows: 

(1) to examine individuals to determine if 

they meet the c^ualifications necessary to 



receive a certificate of registration as an 
apprentice or as a registered cosmetolo- 
gist, or as a registered Manicurist, 

(2) to grant certificates by reciprocity to 
qualified cosmetologists from other states, 

(3) to regulate the practice of cosmetology, 

(4) to collect the statutory fees required for 
qualification as a registered apprentice ef 
cosmetologist, or manicurist 

(5) to renew the certificates of every quali- 
fied registered apprentice or registered 
cosmetologist or manicunst annually, 

(6) to keep records of all proceedings relat- 
ing to the certification of cosmetologists, 
and apprentice and manicurists, 

(7) to keep records of all statutory fees col- 
lected in the qualifying and registering of 
cosmetologists, apprentice and manicurist. 

(8) to renew the certificates of every quali- 
fied registered cosmetologist even,' three 
years. 



(9) to collect the statutory fees required to 
register a beauty salon, 

(10) to renew the certificates of every regis- 
tered beauty salon annually. 

(11) to examine individuals to dctennine if 



thev meet the quahfications necessary to 
receise a ccrtiticate of registration as a 



teacher. 
( 12) to renew the certificates ot 



qua 



fied registered teacher every two years, 



(13) for the board to hold an annual seminar 
for registered teachers so that thev may 
renew their certificates every two years. 

( 14) to dctennine if salons meet qualifica- 
tions to receive a certificate of registration, 

(15) to determine if beauty schools meet 
qualifications to receive a certificate of 
approval. 

( 16) to inspect registered salons and approve 
beauty schools penodicallv. 



Statutory .Authority G.S. 
88-25; 88-29. 



?-/; 88-/9; 88-2/; 



SECTION .0200 - BOARD OF COSMETIC 
ART E.XAMINERS 

.0201 POWERS OF THE BOARD (REPEALED) 

.0202 INSPECTIONS (REPILALED) 

.020.^ COMPOSniON (REPEALED) 

.0204 TERMS OF OFFICE (REPEALED) 

.0205 EXECLTI\ F SECRE FAR^ (REPEALED) 

.0206 COMPENSATION (REPEALED) 

.0207 QUALIFICATIONS (REPEALED) 

Statuton- Authority G.S. SS-/3; 8S-/4; 88-23; 
93B-5. 



594 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



SECTFON .0300 - DEFIM IIONS 

.0301 DEFINITIONS (REPEALED) 

.0302 COSMETIC ART (REPEALED) 

.0303 COSMETOLOGIST (REPEALED) 

.0304 ESTABLISHMENTS (REPEALED) 

.0305 >L\NAGER (REPEALED) 

.0306 OPERATOR (REPEALED) 

.0307 ITINERANT COSMETOLOGIST 

(REPEALED) 

.0308 MANICURIST (REPEALED) 

.0309 APPRENTICE (REPEALED) 

Statutory Authority G.S. 8S-: 88-2; 88-3; 88-4; 
88-5; 88-6; 88-7; 88-8; 88-9. 

SUBCHAPIER 148 - RULE-MAKING 
PROCEDURES 

SECTION .0100 - PETITIONS FOR 
RULEMAKING 

.0101 PETITIONS 

Any person wishing to submit a petition re- 
questing the adoption of a rule by the North 
Carolina State Board of Cosmetic /Vrt Exam- 
iners shaU address a petition to the Chairman 
of the North Carolina State Board of Cosmetic 
Art Examiners, i^o^ OfTioo fie^ ++(^ Ralt'iuh, 
^vertfe Carolina 27602. 4101 North Blvd.. 
Suite H, Raleigh, North Carolina 27604. 

Statutory Authority G.S. 88-23; 150B-I6. 

.0102 CONTENTS OF PEIITIONS 

The petition should contain the following in- 
formation: 

( 1 ) name of agency, 

(2) a draft of the proposed rule, or amend- 
ment or, 

(3) a summary of the contents of the pro- 
posed rule, or amendment, 

(4) reason for the proposal, 

(5) effect of the new rule on existing rules 
or orders, 

(6) data supporting the rule proposal, 

(7) effects of the rule on existing practices in 
the area involved, including cost factors, 

(8) names of those most Irkely to be affected 
by the rule (with addresses if known), and 

(9) name(s) and address(es) of petitioner(s). 

Statutory Authority G.S. 88-23; I SOB- 16. 

.0103 AMENDMENT OR REPEAL 

(REPEALED) 
.0104 CONTENTS OF PETITIONS 

(REPEALED) 

Statutory Authority G.S. 88-23; I SOB- 16. 



.0105 GRANTING OR DENYING PETITIONS 

'44*e Chairmaft ef The North Carolina State 
Board of Cosmetic Art Examiners will deter- 
mine, based on a study of the facts stated in the 
petition, whether the public interest will be 
better served by granting or denying the peti- 
tion. He »f ebe The board will consider all the 
contents of the submitted petitions plus any 
additional information deemed relevant. 

Statutory Authority G.S. 88-23; I50B-I6. 

.0106 RECOMMENDATION 

Th# Chairman ef The North Carolina State 
Board of Cosmetic Art Examiners will make 
such recommendations for the granting or de- 
nial of the petition for rule-making to the 
North Carolina State Board of Cosmetic Art 
Examiners. 

Statutory Authority G.S. 88-23; I50B-I6. 

.0107 FINAL DECISION 

Within 30 days of submission of the petition 
or at its next regularly scheduled meeting, 
whichever is later, the board will render a fmal 
decision. If the decision is to deny the peti- 
tion, the Chairman of the North Carolina State 
Board of Cosmetic Art Examiners will notify 
the petitioner in writing stating the reasons 
therefor. If the decision is to grant the peti- 
tion, the board, witliin ^ davL i »f oubmiGuion, 
will initiate a rule-making proceeding by issu- 
ing a notice as provided for in 21 NCAC 14B 
.0202, .0203. 

Statutoiy Authority G.S. 88-23; 1 SOB- 1 6. 

SECTION .0200 - NOTICE 

.0201 NOTICE TO PARLIES 

Upon determination to hold rule-making 
proceedings, either in response to a petition or 
otherwise, the board will give 34 30 days notice 
te-aU intorootod parties in the pubUcation of the 
North Carolina Register of a public hearing 
on the proposed rule, in accordance with G.S. 
150B-12. 

Statutory Authority G.S. 88-23; I SOB- 1 2. 

.0202 MAILING LIST (REPEALED) 
.0203 PUBLIC NOTICE (REPEALED) 
.0204 INFORMATION REQUESTS 
(REPEALED) 

Statutory Authority G.S. 88-23; IS0B-II{I); 
1 SOB- 1 6; 1 SOB- 23. 



NORTH CAROLINA REGISTER 



595 



PROPOSED RULES 



SKCTION .0300 - HEARINGS 

.0301 LOCAIION OF HEARINGS 
(REPEALED) 

Statutory Authority G.S. 88-23; I50B-23. 

.0302 ARGLMENTS 

,'Vny person desiring to present data, views or 
arguments on the proposed rule or rule change 
must file a notice with the Chairman of the 
North Carolina State Board of Cosmetic Art 
Fxammers, Pt+^ Ofhco fie^ U^ Ral e igh, 
^v^M* Carolina 27602, 4101 North BKxl., 
Suite H, Raleigh, North Carolma 27604, at 
least 15 da\s betbre the hearing. Such notice 
may he waiwd, or a failure to gi\e notice may 
be excused by the presiding otTicer of the 
hearing for good reason. Any person permit- 
ted to make an oral presentation is encouraged 
to submit a written copy of the presentation 
to the Chairman of the North Carolina State 
Board of Cosmetic .Art Examiners at the ad- 
dress listed above at least 15 days prior to the 
hearing. 

Statutoty Authority G.S. 88-23; I50B-II(I ). 

.0303 RKQL EST FOR ORAL 
PRESENTATIONS 

.\ request to make an oral presentation 
should contain a bnef summar>' of the subject 
upon which the indi\idual will speak and as 
estimation of the length of time needed. Pre- 
sentations may not exceed 44 5 minutes unless 
the presiding officer, either before or at the 
hearing, grants an extension of time for good 
reason. 

Statutor\- Authority G.S. 88-23; I50B-H(I); 
I SOB- 1 2. 

.0305 \\RirTEN STATEMENT 

(a) .Any person may file a written statement 
containing data, comments or arguments in 
support of or in opposition to a proposed rule 
or rule change. Such statements may be tiled 
before, during or for five days after the hearing 
by deli\ering the statement by mail or in per- 
son to the Chairman of the North Carolina 
State Board of Cosmetic .Art Fxaminers. +44 
W^^ Iliirg e tt StroL't. Pe^«- Olfe^ 8wt 44^J>^ 
Raloigh. Nonh Cirolina 27602. 4101 North 
Blvd.. Suite H_ Raleigh. North Carolina 
2"6i)4. 



(c) All such submitted statements should 
clearly state the rule or proposed rule to which 
the comments are addressed. 

Statutory^ Authority G.S. 88-23; I50B-II(I). 

.0306 ACKNOWLEDGEMENT 

Prompt .Acknowledgement of all written 
comments received by the board will be issued 
by the Chairman of the North Carolina State 
Board of Cosmetic .Art Examiners. 

Statutory Authority G.S. 88-23; I50B-Il(ll. 

.0308 REQLEST FOR ST.\TEMENT ON 
FINAL DECISION 

.Any person or agency desiring a concise 
statement of the principal reasons for and 
against the adoption of a rule by the board and 
the factors that lead to sustaining or overrulmg 
the considerations urged for or against its 
adoption may submit a request in writing ad- 
dressed to the Chairman of the North Carolina 
State Board of Cosmetic Art, Poot Office 8»?t 
44^tg, Ralc^igh, North Carohna 27602. 4101 
North Bhd., Suite H, Raleigh. North Carolina 
2 "'604. Such requests may be submitted either 
pnor to the rule-making hearing or within 30 
days thereafter. 

Statutoty Authority G.S. 88-23; I50B-I2(e). 

.0.?09 RECORDS 

(al .A record of all rule-making proceedings 
will be maintained as long as the rule is in ef- 
fect and for fi%-e years thereafter. This record 
will contain the following: 



the original petition or petitions; 
the notice; 

all written memoranda and information 
submitted; aft4 

a record or summary of oral presenta- 
tions, if any: and 

any statement oi_ reasons for and against 
adoption of a rule issued bv the board. 
(b) The record will be maintained in a file 
at the North Carohna State Board of Cosmetic 
.Art Examiners' central office located at 444 
West I laruL ' tt Strt'L't. R>.ak ' iali. North Carohna. 
4101 North Blvd.. Suite "H. Raleigh, North 
Carolina 27604. 



(1) 
(2) 
(3) 

(4) 

111 



(b) .An extension of time for filing written 
statements may be granted either in the notice 
of the particular rule-making hearing or by the 
presiding otllccr of the hearing. 



Statutory Authority G.S. 88-23: I50B-I2(e). 
SECnON .0400 - EMERGENC\ RULES 

.0401 POWER TO ISSUE (REPEALED) 
.0402 LENGIII OF EFFECI IN ENESS 
(REPEALED) 



596 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Statutory Authority G.S. 88-23; J SOB- 1 3. 

SECTION .0500 - DECLARATORY RULINGS 

.0501 REQUEST FOR DECLARATORY 
RULING 

Any person substantially affected by a statute 
administered or rule promulgated by the North 
Carolina State Board of Cosmetic /\rt Exam- 
iners may request a declaratory ruling as to 
how the statute or rule apphes to a given fac- 
tual situation or whether a particular board 
rule is valid. The Chairma -R- ©f Ae North Ga- 
roiina Stat e Board ef Cor . mutic Art F^xaminore 
will have A<* t«4e power te make ' juch declar 
Qtory rulings. All requests for declaratory rul- 
ings shall be in writing and mailed to the 
Chairman of the North Carolina State Board 
of Cosmetic Art Examiners, Poot QfTico 8e* 
44^ Raleigh, Nertb Carolma iW,^ 4101 
North Blvd., Suite H, Raleigh, North Carolina 
27604. 

Statutory Authority G.S. 83-23; J SOB- J 7. 

.0503 REFUSAL lO ISSUE DECLARATORY 
Rl LING 

WTicncvcr the North C!arolina State Board of 
Cosmetic Art Examiners beheves for good 
reason that the issuance of a declaratory ruling 
is undof i irahlo inappropriate it may refuse to 
do so. When good reason is deemed to exist, 
the board will notify the petitioner of its deci- 
sion in writing stating reasons for the denial of 
a declaratory ruling. 

Statutory Authority G.S. 88-23; ISOB-17. 

SUBCIIAI'TER 14C - CONTESTED CASES 

SECTION .0100 - GENERAL RULES 

.0101 ADMINISIKATIVE HEARINGS 

Wht'no' i 'or \h>^ board by rt*i official action aete 
m ouch a way »& te affect Ae righto, dut i oo ©f 
privilogor. »f » opecific idonlified party. t4«4- 
party upon roquu i. t w+H be given »» adminic . 
trative heaiing. Such a heunng v>411 be hel4 
prior t» final board action »«• the matt e r if the 
action »f tlte board affeoto a right, pnsilego &f 
benefit already enjoyed by tbe party. 

Whenever the board proposes to revoke or 
suspend a license, pcnnit, certificate of regis- 
tration or letter of approval issued by it, or to 
deny renewal of any license, permit certificate 
of registration, or letter of approval issued by 
iL or at any other time when it deems a hearing 
appropriate or legallv required, \\_ shall give 



notice to the person or persons affected of the 
right to an administrative hearing. Such per- 
son may as.sert his right to a hearing by mailing 
or delivering to the board a written request for 
a hearing. The request shall be received by the 
board prior to the date on which the board 
proposes to act or such other date as may be 
specified in the notice except that a request 
mailed to the board shall be deemed timely if 
postmarked prior to the date on which the 
board proposes to act or such other date as 
may be specified in the notice. 

Statutory Authority G.S. 88-23; ISOB-23. 
.0102 HEARINGS (REPEALED) 

Statutory Authority G.S. 88-23; ISOB-23. 

.010.3 PRESIDING OFFICER 

If no other presiding officer has been desig- 
nated by the board, or if the presiding officer 
if unavailable or disqualifies himseff, the chair- 
man of the board shall act as presiding officer 
for purposes of issuing subpoenas, ordering the 
production of records, respondmg to motions 
for continences or extensions of time, control- 
hng and ruling on issues surrounding discov- 
ery, and otherwise acting on matters arising in 
connection with a pending hearing and shall 
have all powers granted to the presiding officer 
under /Vrticic 3A of Chapter I SOB of the North 
Carolina General Statutes. 

Statutory Authority G.S. 88-23; l50B-40(b). 

SECTION .0200 - REQUEST FOR A HEARING 

.0202 PREREQUISITES 

Before a hearing request can be made one 
must first make reasonable efforts to resolve 
the problem with the board informally. This 
requirement will be satisfied by contacting the 
Chairman of the North Carolina State Board 
of Cosmetic Art Examiners, Post- Office fte* 
444^ Ral e igh. >k>rtb Carolina 37603. 4101 
North Blvd., Suite H, Raleigh, North Carolina 
27604. 



Statutory Authority G.S. 88-23; ISOB-2. 

SECIION .0.^00 - THE GRANTING OF 
HEARING REQUESTS 

.0301 GRANTING A HEARING 

44>^ (Chairman ef tlw North Carolina State 
Bt)ard »f Cosmetic Art Examiners to whom 
tli^ request fof aft administrative hearing i« 



NORTH CAROLINA REGISTER 



597 



PROPOSED RULES 



mad e witt docidu ' ■ ' ■ ht ' thor te- grant a hearing 
subject h* the board's approval. 

I "pcm receipt of a request for an administra- 
tive heanng Irom any person who has not 
pre\'iously been notified by the board of his 
nizht to a heanng, the board will decide 
promptly whether to grant the request. If the 
board decides to deny the request, it shall no- 
tif\ the requesting party of its decision and 
pro\'ide the requesting party of its decision and 
prcnide the requesting party with a statement 
ot' the reasons leading the board to deny the 
request. If the board decides to approye the 
request, it shall promptly issue a notice of 
heanng pursuant to G.S. 150B-3S"(b) and 2j_ 
N.C.A.C. 14C .0503. 

Statuto/y Authoritv G.S. SS-23; J50B-2; 
I50B-23. 

.0302 CRITERIA (RKPEAI.KD) 

.0.10.? ISSUANCK (RF.PEALED) 

.0.?04 APPROVAL OF KEQLE.S T (REPEALED) 

Siatuton .Unhoritv G.S. SS-2J; I50B-2: 
ISOB-llil): I SOB- 23. 

SECTION .0500 - NOTICE 

.0501 REASONABLE NOTICE (REPEALED) 
.0502 NOTICE AND HEARING (REPE.^LED) 

Statutory Authority G.S. 8S-23: / SOB- 23. 

.0503 ADDITIONAL INFORMATION ON 
NOTICES AND HEARINGS 

In addition to the items specified in North 
Carolina General Statutes 150i\ 23 15nn-38(b) 
to be included in the notice, ri- notices of ad- 
ministrative hearings shall include the follow- 
ing information; 

( 1 ) the name title addror . r . aft4 phono number 
ef board pori ' OnnL ' l te- contact >Mt- furthor 
infonnation Bf- di 'r cu '. sion: aft4 the name, 
position, address and phone number of a 
member, employee, or agent ot the board 
to contact for further intbrmation or dis- 
cussion: 

(2) notico »f the 4*te aft4 place f»f any pfe- 
hcaring confcroncuii. a statement that fai- 
lure to inform the office of tTie board, 
within 15 da\s alter notice i^; recened or 
such longer penod ol time as ma\ he 
specitied in the hearing notice, of intent to 
appe;ir at an\ heanng or preheanng con- 
tercncc scheduled in the heanng notice 
will be deemed a waiyer of the right to a 
heanng: 



(3) may a\ e notice of the date and place for 
any prehearing conference; 

(4) shall inform the party or parties, other 
than the board, of the right to file a writ- 
ten response to the allegations in the no- 
tice of hearing no later than ten days prior 
to any scheduled hearing date or within 
such other time as may be set out in the 
notice; 



(5) when the person receiying the notice of 
hearing is a license, permit, or holder of a 
certificate of registration or letter of ap- 
proval, shall proyjde him with an oppor- 
tunity to shoy-.' comphance with all lawful 
requirements for retention of the hcense, 
certificate, permit, or letter of approyal, if 
such an opportunity has not been pro- 
yided pnor to issuance of the notice of 
hearing; and 

(6) may include any other information 
deemed relevant to informing the party 
or parties as to the procedure for the 
hearing. 

Statutoiy Authority G.S. 88-23.- I SOB- 38. 

.0504 WRITTEN ANSWERS TO NOTICE 

rVny person receiving notice of a contested 
case hearing may file a written answer within 
15 days (if no period is designated in the no- 
tice), but at least prior to commencement of 
the contested case hearing by mailing it to the 
Chairman of the North Carolina State Board 
of Cosmetic Art Examiners, Pest Offic e So* 
444^ . Raloigli. North Carohna 27602. 4101 
North Blvd., Suite II. Raleigh, North Carohna 
27604. 



Statutory Authority G.S. 88-23; IS0B-2S. 

SECTION .0600 - WHO SHALL HEAR 
CON! ESTED CASES 

.0601 HEARING OFFICERS 

All adminis . trati' .e hearings r e sulting from »€- 
tions €4 the board shall be heard by the fell 
North Caroluia State Board »f Cosmetic Aft 
liKaminers. 

Administrative hearings before the North 
Carolina State Board of Cosmetic Art Fxam- 
iners will normally be heard by a majority of 
the board. 

Statutory .Authority G.S. 88-23: ISOB-32. 
SECTION .0700 - PLACE OF HEARING 



59S 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



.0701 LOCATION (REPKALED) 
.0702 ALTERNATIVE LOCATIONS 
(REI'EALEO) 

Statutory Authority G.S. SS-23; I50B-24. 
SECTION .0800 - INTERVENTION 

.0805 WRITTEN PETITION 

A person desiring to intervene in a contested 
case must file a written petition with the 
Chairman of the North Carolina State Board 
of Cosmetic Art Examiners, Post Offic e 8e* 
44^ Raleigh, J>HM4b Ciirolina 27603. 4101 
North Bhd., Suite H, Raleigh, North Carolina 
2 7604. 

Statutory Authority G.S. 8S-23; J50B-23. 

SECTION .0900 - HEARING OFFICERS 

.0901 HEARING OFFICER (REPEALED) 
.0902 CONDLCT (REPEALED) 

Statutory Authority G.S. SS-23: I50B-25; 
I50B-33. 

.0903 BIAS OF BOARD MEMBER 

If for any reason a board member »f Ae body 
conducting tfee hearing determines that per- 
sonal bias or other factors would keep him or 
her from being able to conduct the hearing and 
perform all duties in an impartial manner, he 
shall submit in writing to the board Chairman 

Art Fxamiiurf i his disqualifications and the 
reasons therefor. 

Statutory Authority G.S. 8S-23: I50B-25; 
I50B-33. 

.0904 BIAS CLAIMED BY PARTY 

If for any reason any party in a contested case 
believes that a board member ef tbe body 
conducting the hoaring is personally biased or 
otherwise unable to conduct the hearing and 
perform all duties in an impartial manner, the 
party may file with the board a sworn nota- 
rized affida\ it stating the reasons for such belief 
wtA A© Chairman t»f tb<* North Carolina State 
Boord (4 Coomotic Art Pxaminor;!. and all 
relevant facts. 

Statutory Authority G.S. S8-23: I30B-25; 
I50B-33. 



Statutory Authority 
I50B-33. 



G.S. 88-23; J50B-25; 



.0905 AFFIDAVIT (REPEALED) 






.0906 FILING AFFIDAVIT 

An affidavit of disqualification will be con- 
sidered timely if filed at least ten days prior to 
the scheduled hearing date. boforo com 
mcncoment ©f the hoaring. Any other affidavit 
may be found timely provided it is filed at the 
first opportunity after the party becomes aware 
of facts which give rise to a reasonable belief 
that any board member ef a oommittoo con 
ducting a contOL . tod ease hoaring may be dis- 
qucdified. under Ai* Rule. 



Statutory 
I50B-33. 



Authority G.S. 88-23; I50B-25; 



.0907 DISQUALIFICATION 

The remainder of the members of the hoaring 
body board shall decide whether to disqualify 
the person being challenged by the following 

(1) The person whose disqualification is to 
be determined wiU not participate in the 
decision but may be called upon to fur- 
nish information to the remaining mem- 
bers of the hearing body board. 

(2) 44w Chairman ef the North Carolina 
State Board t>f Coi i metic Art Fixaminerfl 
Ihc board shall appoint a member of the 
board or the executive secretary or any 
other appropriate person to investigate the 
allegations of the affidavit, if necessary and 
report his or her findings or recommen- 
dations. 

(3) Ihe ins'OLitigator board shall report \m 
ef hef fmdings aft4 recommendationo te 
the remainder »f the mumbori . ef ti*e 
hearing body who Vt^li thon decide 
whether to disqualify the challenged indi- 
vidual on the basis of all relevant and ap- 
propriate information available to iL 

(4) A record ©f the proooodingo Bft4 the Fea- 
oono fe* dociuioni' . reached ¥4U be main 
tained as part e4 the cont e;. t e d ease record. 



Statuloiy 
I50B-33. 



Authority G.S. SS-23; I50B-25: 



.0908 NEW HEARING 

When by reason ef personal interest a«4 like 
reasons a heanng oflicor e+ member ef a hoar 
iftg oommittoo a board member is disqualified 
after the hearing has begun, a new hearing will 
be initiated if upon requested by the request 
of a party who filed the affidavit of personal 
bias if any partv would be prejudiced by the 
denial of the request. 



NORTH CAROLINA REGISTER 



599 



PROPOSED RULES 



Statutory Aulhoritv 
I50B-33. 



G.S. 88-23; I SOB- 25: 



.mm DISQl AI.IKICATION OF ENTIRE 

BOARD (REPEALED) 
.0910 DE1ERMINATION TO CONTINUE 

(REPEALED) 
.091 1 RECORDS (REPEALED) 



Statuton' Authority 
I50B-33: I50B-34. ' 



G.S. 88-23; I50B-25; 



SLBCIIAPTER I4D - CONDUCT OF THE 
CONTESTED CASE 

SECTION .0100 - FAILURE TO APPEAR 

.0101 PROCEEDING WITHOUT PARTY 

U a party who k manL ' d with notico fcak te- 
app^ ' ur svithout husing iiotifiod the board by 
contacting tbe Chuimian rf At» North Caro 
iiftr* Slate Board ei C'oi . inotio Art ['xaminora, 
j2^»^ (4jfet> \i,^ 440^ Raluiuh. North Carolina 
27602. ttftd He conlinuanco, adjournment ef 
Wre dicpo 'i ition » ordL ' rcd. t+n* pru ' jidinij olTiccr 
may proceed with t+w h e anng m- tb«^ party's 
abr . ence. 

Should a pailv who has been served with 
notice tad to appear at a scheduled heanng 
uitlu'Ut ha\ mg pre\'i(>uslv been granted a con- 
tmtiance. the board ma\ either proceed with 
the heanng in the party s absence, order a 
continuance, adjournment, or like disposition, 
or dismiss the proceeding. 

Statutory Authority G.S. 88-23: /50B-38(h): 
/50B-40(a>. 



may petition the board for a reopening of the 
case. Petitions will not be granted except 
when the petitioners show that the reason for 
failure to appear was justifiable and unavoid- 
able and that fairness and justice require a re- 
opening of the case. 

(b) All petitions for reopening of the case 
shall be in writing and addressed to the Chair- 
man of the North Carolina State Board of 
Cosmetic Art Examiners, Pont Oflico 8e* 
UQ^ Raleigh, North Carolina 27602, 4101 
North Blvd., Suite H. Raleigh. North Carolina 
27604. and shall contain the following infor- 



mation: 

(1) the name and address of the petitioner, 

(2) a full identification of the hearing which 
the petitioner is seeking to reopen, and 

(3) a detailed explanation of the reasons for 
the petitioner's desire to reopen the 
hearing. 

Statutory Authority G.S. 88-23; I50B-25. 

SECTION .0200 - PRE HEARING 
CONFERENCE 

.0201 DISCRETION TO HOLD 

CONFERENCE (REPEALED) 
.0202 PLRPOSES (REPEALED) 
.0203 NATLRE OF CONFERENCE 

(REPEALED) 
.0204 NOTICE OF PREHEARING 

CONFERENCE (REPEALED) 
.0205 SIMPLIFICATION OF ISSUES 

(REPEALED) 

Statutorv Authority G.S. 88-23: ISOB-IKI); 
I50B-23: I50B-3I; l50B-33(5). 



.0102 ALTERNATIVES OF HEARING 
OFFICER (REPE.M.ED) 

Statutory Authority G.S. 88-23; I SOB- 25. 

.0103 CONTINUANCES 

Continuances, adjournments, and like disp- 
ositions will be granted to a party only in 
compelling circumstances. e '. peoially when 
efw ! ,iuoh di ^' position b*ir been prei i iouoly h»- 
quei . ted by aftd grant e d te- tl+e pai1y. Under 
He circumi ' tance ' ' . » a h e anng board required 
te grant ccMitinuanoe ' , . , adjoumment ' j and t4¥* 
Wrt^T I'sualK onl\ one such postponement will 
be allowed. 

Statutory Authority G.S. 88-23; IS0B-38{h). 

.0104 PETITION TO REOPEN 

(a) If a hearing is conducted and if a decision 
is reached in the absence of a party, the party 



SECTION .0300 - SUBPOENAS 
.0301 AUTHORITY TO ISSUE (REPEALED) 

Statutory Authority G.S. 88-23; I50B-27. 

.0302 ISSUANCE 

Subpoenas rocjuiring t4*e attendance ©f w4t- 
nes ' -iof . ef thofK? te produce document; . , evi- 
denco ef things ¥rtH be issued by t4» Chainnan 
ef A«» North Carolina State Board ef Cosmetic 
Art lixaminers »f te agent within three busi 
Hevi days ef t4*e subpoena exc e pt when Ae 
chairman detonnines t+H*t- the request i^ a* fol- 
lows: 

f-H' insulTiciently specific &f tee vague, 

f^ frivolous, ef 

(4f o'f'erly broad. 

Subpoenas requirinsz the attendance of wit- 
nesses or those to produce documents, evi- 
dence or things will be issued bv the presiding 



600 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



officer promptly following receipt of a request 
from a party to the case for such subpoena, 
unless the presiding ofticer determines that the 
request is clearly, on its face, objectionable or 
unreasonable. 

Statutory Authority G.S. 88-23; / 508- 27. 

.0303 SKRVICE OF SUBPOENAS 

(a) Subpoenas bhall be iionod as Ae ofTicor 
issuing A* subpoena shall direct, aft4 a* mw 
b» appropriat e te- ih« oiroum j itancos f>f tb» 
oasL'. Subpoenas may be directed to be ser i 'ed 
by aft¥ ef Ae following methods: may be 
served in any manner provided by law: 

(1) by an employee of the board; or 

(2) by the sheriff of the county in which the 
person subpoenaed resides, when the 
party requesting the subpoena prepays 
the sheriff's ser\ice fee. 

(b) Subpoenas shall be issued in duplicate 
with a "Return of Service" form attached to 
each copy. The person serving the subpoena 
shall fill out the "Return of Ser\ice" form for 
each copy and promptly return one copy of the 
subpoena with the attached "Return of 
Service" form completed to the board. 

Statutory Authoritv G.S. 88-23; /50B-38(h); 
l50B-39(c). 

.0304 LNKK.\SON,\BI.E SLBPOENAS 
(REPEALED) 

Statutoiy Authority G.S. 88-23; I50B-27. 

.0305 OB.IECTIONS 

lixcept as may be othep i viso stated m a paf- 
ticular subpoena, any per ' ion receiving a sub 
poena from t+»e Noilh Carolina State Board 

■^T I /-I f-«-yi fit ■ ■-■ A r-t 1 . 1.- '1 »T-i 1 r-> ■ n-i- ttn ■ > i l .»!->«.>.■< * l-> . it*. ^* j-^ 
U I V^T^UI I IV. I IV I LI I 1_, ^Ltl 1 111 Il~ I L.' 1 1 ILl 7 tTTTTCr^T II11.IV.I.U 

by filing a written objection to the subpoena 

^rT 1 1 II tTTT? V..'ltuillIlLlll Lrt lilt? ; ^^.TrlTI T"r*CTTTTTTTT« ^TTTTt? 

Board trf Cosmetic Art IJxaminors, Po ji t OlTice 
e<Ht 444^ Raleigli. N*M4fe Carolina 37602. 
Any person recei\ing a subpoena may object 
there to by filing a written objection with the 
presiding officer. 



Statutory' Authority G.S. 



I50B-27. 



.0309 heakincs on subpoena 
cmali,en(;es 

After receipt of the objection and a response 
thereto, if any, the hearing board or the pre- 
siding officer shall issue a notice of hearing to 
the party who requested the subpoena and the 
party challenging it and may notify all other 
parties of aft open a hearing before the board 



to be scheduled within a reasonable time at 
which hearing evidence and testimony may be 
presented by all parties limited to the questions 
raised by the subpoena, the objection, and 
subsequent responses thereto. 



Statutory Authority G.S. 

I50B-27. 



88-23; I50B-23; 



.0310 RULINGS 

Promptly aftef Ae clooo ef such hearing Ae 
hearing board will F«le eft the challenge aft4 
issue a written decision. A copy ©f the deci 
siftft w^H- be issued to ftH parties aft4 wiH be 
mad e a part ef Ae permanent record. 

Promptly after the close of any hearing on an 
objection to a subpoena, the board will issue 
a written decision. Based on the e\idence 
presented and the record, the board may re- 
voke or modify the subpoena for good cause, 
based on such issues as validity of the sub- 
poena, oppressiveness, relevancy, and other 
appropriate factors, or may overrule the ob- 
jection to the subpoena. A written copy of the 
decision will be scr\'ed on the person objecting 
to the subpoena and all parties to the hearing. 

Statutory Authority G.S. 88-23; 1508-27. 

SECTION .0400 - DISCOVERY 

.0401 DISCOVERY OF INFORMATION 

(REPEALED) 
.0402 FAILURE TO SUBMIT TO 

DISCOVERY (REPEALED) 

Statutoiy Authority G.S. 88-23; 1508-28. 
SECTION .0500 - DEPOSITIONS 

.0501 USE OF DEPOSITIONS 

(REPEALED) 
.0502 PROCEDURE FOR TAKING A 

DEPOSITION (REPEALED) 
.0503 RULINGS OF DEPOSITIONS 

(REPEALED) 

Statutory Authority G.S. 88-23; 1 508-28. 

SUBCHAPTER 14E - DECISION IN 
CONTESTED CASES 

SECTION .0100 - PROPOSALS FOR 
DECISIONS 

.0101 HEARING OFFICERS (REPEALED) 
.0102 PROPOSAL FOR DECISION 

(REPEALED) 
.0103 EXCEPTIONS (REPEALED) 

Statutory Authoritv G.S. 88-23; 1508-34. 



NORTH CAROLINA REGISTER 



601 



PROPOSED RULES 



SECTION .0200 - OB.IKCTIONS TO BOARD 
DECISIONS 

.0201 FORM (REPEALED) 
.0202 RECORDS (REPEALED) 
.0203 SIBSTANTIAL PREJLDICE 

(REPEALED) 
.0204 ORAL AR(;LMENTS (REPEALED) 
.0205 NO nCE (REPEALED) 



.0005 NEWLY ESTABLISHED RESIDENTIAL 
SALONS 

Shall be separate and apart from any bujJding 
or room used for anv other business or nur- 



Stalutor}' Auihorily 
I50B-25: 150B-37. ' 



G.S. SS-23; 150B-23; 



SLBCHAPTER I4E - RLLES AND 
REGLLATIONS GOVERNING THE 
LICENSING OF BEALTV SALONS 

.0001 APPLICATION FOR SALON LICENSE 

Persons desiring to continue to operate or 
open a beauty salon, or to reopen a salon 
which has been closed more than '^0 days m 
the State of North Carolina shall m;ike appli- 
cation to the North Carolina State Board of 
Cosmetic .Art Examiners on an application 
form COS-13 to be furnished by the board. 

1 1-1 I 1.- T .-1 «-m 1 .- «->-» .~> «-. 1 T > 1 1 1 1 f jT 1 ^- .-^i < ■- . • .-t^ 1 --1 ♦ ♦ Vi .^ £ \w~, /-i 

1 1 II J r^TTTTT r^ 1 1 11^' I \J I U II T U I ^\J Ll^'^'l_\J. CIT lliV CTTO 

ef i^rwy Subchapter. 

Staiutofj Authority G.S. SS-I: SS-23. 

.0002 OPERAI ION OF A BEALTV SALON 

(REPEALED) 
.0003 REOPENING A BEALl V SALON 

(REPEALED) 

Statutory Authority G.S. SS-I; SS-23. 

.0004 NEWLV ESTABLISHED NON 
RESIDENT BEALTV SALON 

(a) A building t4*it4- is to be uood fof a no' i vly 
L", . tubli ' jhL'd beauty L . alon et a calon to roopon 
fe* buL . inL". '' j, A newly established non residen- 
tial beaut\ salon shall be separated and apart 
from an\" building or room used for living, 
dining t»f ' jk'epinu quurterD. an\' other business 
or an\' other purpose separated b\ a solid wAl 
of at least se\ en teet in height, 

(b) The soUd lloor to ceiling wall of at least 
seven feet separating a beaut v salon from other 
rooms in a buildmg used for other purposes 
may be fitted with a doorwa\ , pro\ided that a 
solid lull length door is m stalled in the door- 
wav. 



(c) An entrance to a beaut\ salon from a 
passage or walkway or mall area used onh' for 
access to the saltan, or to the salon and other 
businesses, niav be open. 

Statutoty Authority G.S. SS-23. 



pose, separated by a solid wall of at least seven 
feet in height. 
A newly established beauty salon, shall be 
separate and apart from any building or room 
used for living, dining or sleeping and shall be 
separate and apart from any other room used 
for any other purpose by a sohd wall of ceiling 
heiglit, making separate and apart rooms used 
for beauty salon. All entrances to the salon 
shall be through solid, fuU length doors in- 
stalled in solid walls of ceiling hemht. 



Statutory Authority G.S. 88-23. 
.0006 WALLS AND DOORS (REPEALED) 

Statutory Authority G.S. 8S-23. 

.0007 DIMENSIONS OF BEALTV SALON 

A newly established beauty salon shall be a 
minimum ©f 44 feet- m width aft4 a minimum 
©f 44 feet- ift length aft4 shall maintain at least 
five feet of space between each styling chair 
from the center to the center of each chair, and 
shall have at least two feet of space from each 
chair to the wall of the salon, front and back. 

Statutoty Authority G.S. 88-23. 

.0008 INSPECTION OF BEALTV SALON 

(*) A newly established beauty salon or a 
salon which has been closed fe* ' ■ ' i hato' i or Fea- 
6»ftT for more than 90 days, or a salon which 
has changed ownership, or a salon which has 
been operating without a permit shall be in- 
spected before a permit will be issued. aft4tbe 
fee f»f inijpection ef sumo shall be tvvontv fivo 
doUars (^35.00). The board shall be given 30 
days notice to schedule an inspection. 

f4H Renewal fees after the initial inspection 
shall be three dollars (J3.00) per active booth. 

Statutory .Authority G.S. 88-/; 88-21: 88-23. 

.0009 SIGNS 

A beauty salon shall be designated by a sign 
of not less than four inch letters at the outside 
entrance to said premises pro\'ided U is not 
contrary to a local ordinance. 

Statutoiy Authority G.S. S8-23. 

.001 1 RENEW AL OF SALON PERMIT 
(REPEALED) 



602 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Statutory Authority G.S. 88-23. 

.0012 POSTPONEMENT OF RE- 
INSPECTION 

(a) The office of the North Carolina State 
Board of Cosmetic Art Examiners shall be 
notified at least 10 days prior to aft announc e d 
a scheduled re- inspection if any beauty salon 
will not be prepared for such inspection. 

(b) Notification should be sent to the 
Chairman of the North Carolina State Board 
of Cosmetic Art Examiners, Pe^rf- Offioo 8*Hi 
440^ Ral e igh, j'.^ftb Carolina 37602. 4101 
North Blvd., Suite H, Raleiah, North Carolina 
27604. 

Statutory Authority G.S. 88-23. 

.0013 F.MLLRE TO PERMIT INSPECTION 

If an inspector is unable to inspect a salon 
twice with appointment, the board may initiate 
proceedings to revoke or suspend the salon li- 
cense or may refuse to renew the salon license. 

Statutory Authority G.S. 88-23. 

SLBCIIAPIER 14(; - REQl IREMENTS FOR 

THE ESTABLISHMENT OF SCHOOLS OF 

COSMETIC ART 

.0002 FORMS 

Application forms may be obtained by writ- 
ing the Chainnan (4 the North Carolina State 
Board of Cosmetic .'\rt Examiners, Post OlTic e 
Be^ 444^ Raloigli. North Carolina 27602. 
4101 North Rlvd.. Suite H, Raleigli, North 
Carolina 27604. 



Statutory Authority G.S. SS-23. 

.000.3 SPACE REQUIREMENTS 

(a) The North Carolina State Board of Cos- 
metic Art Examiners will issue letters of ap- 
proval only to schools or colleges having at 
least 3,000 square feet of inside floor space, 
located within the same building with 30 sta- 
tions to be arranged to accoinmodate not less 
than 30 students, and arranged so that the 
course of study and training is cosmetic art, as 
prescribed by the board may be given. All 
stations shall be numbered numerically. 

(b) The beginners department shall have 
sufficient space comfortably to accommodate 
at least ten students and shall have at least 40 
inches between mannequins. 

Statutory Authority G.S. 88-23. 



.0004 NL'MBER OF STLDENTS 

Schools approved with 3,000 square feet of 
inside floor space may enroll no more than 60 
students at any one time, and for each student 
enrolled in addition to 60 students, 50 square 
feet of floor space must be provided in the 
beauty school. 

Statutory Authority G.S. 88-23. 

.0005 ADDITIONAL STUDENTS 
(REPEALED) 

Statutory Authority G.S. 88-23. 

.0008 VISITATION 

L'pon request the board shall visit the school 
and fmding it in order as set out in 21 NCAC 
14G .0001 to i4G MQ^ HG .0006, shaU on 
that date issue a letter of approval. 

Statutory Authority G.S. 88-23. 

.001 1 CHANGE OF LOCATION: 

OW^NERSHIP OR MANAGEMENT 

If the location of the school is changed, a new 
letter of approval will be necessary, or if there 
is a transfer of ownership or management of 
the school, either by sale, lease or otherwise, a 
new approval application is required. The 
same shall be reported within 10 days of such 
change to the board, and application made for 
letter of approval. The school must meet the 
same conditions and requirements as a new 
beauty school in order to obtain a letter of 
approN'al. The letter of approval may be ret- 
roactive to the date of change or fraction 
therefore, of location, ownership or manage- 
ment if the school was in operation under a 
valid letter of approval at the time of this 
change and if the application for a new letter 
of approval is timely made. 

Statutory Authority G.S. 88-23. 

.0012 CONDITION OF EQLIP.MENT 

All equipment in the school must be new a«4 
ef a modem typo, or in good, workable, safe 
condition. AU equipment and supplies shall 
be kept clean and in first class condition. 

Statutory Authority G.S. 88-23. 

.0013 INSTRUCTORS 

One instructor must be provided for the fifst- 
evcr\' 20 students or a fraction thereof enrolled; 
twe- inL i tructors fof ^ te- 4© r . tudonto; thr ee m- 
structoro fof 44- te 60 studontC f enroUod; fo«f 
inc i tructoro fof 64- te- ^ f f tudontn onroUod: five 



NORTH CAROLINA REGISTER 



603 



PROPOSED RULES 



iiiiitruclors fof X-l- te 44^ r . tuduntr i enrol loci; »ft4 
H+w inntructor fof »¥**¥ 30 r i tudunt ' j onrollod 
thoiL ' uftLT. "Students enrolled" includes stu- 
dents enrolled for night classes. The above 
ratio must he adhered to at all times the school 
is in operation. Hiah School ('osmctology 
proerams. because of the many differing re- 
quirements of their operation, must have prior 
board appro\al of their instructors and student 
ratio. Rcler to Rule .0014. 

Statutory Authority G.S. 88-23. 

.0014 SCHOOL .\FMI.I.\TION WITH 
HKAl TV SHOPS AND OTHKR 
HI SINF.SSKS 

Beauty shops or anv other business shall not 
be operated in connection with beauty schools 
orcoUcges. Refer to Rule .0014. 

Statutory Authority G.S. SS-23. 

.0016 RK-E\AI L.VnON OK SCHOOLS 

The North Carolina State Board of Cosmetic 
AjX Examiners rescn'es the authority to rc-e- 
valuate any school at any time. 

Statutory Authority G.S. 88-23. 

SI HCHAPLKR 14H -SAMTAIION 

.0009 \KNTILAT10N .WD LIGHT 

(a) .AJl doors and windows shall be kept 
clean and if open for \entilation. ; i hall bt» ef- 
fectively screened. 

(b) Necessary^ ventilation shall be provided 
at aU times. 

(c) Adequate liglit shall be provided for each 
operator. 

Statutory Authority G.S. 88-23. 

.0010 BATHROOM FACILITIES 

(a) Toilet and hand washing facilities con- 
sisting of at least one commode and one lava- 
tory with hot and cold running water, soap and 
indi\idual towels shall be provided. 

(b) It is suggested if both sexes are employed 
or served, separate facilities for each sex equal 
to the minimum requirements in (a) of tliis 
Rule shall be provided. 

(c) Residential beautv salon shall furnis h 
bathroom facilities separate and apart I'rcim re- 
sidence. 

Statutoty Authority G.S. 88-23. 

.0012 CLF.\M.INKSS 0| CLIMC AREA 



AND SUPPLIES AND EQUIPMENT 

(a) The clinic area shall be kept clean. 

(b) Waste material shall be kept in suitable 
covered receptacles. The area surrounding the 
waste receptacles shall be maintained in a neat 
and sanitary maimer. 

(c) Sanitation rules which apply to towels 
and cloths are as foUow: 

(1) Separate and clean towels shall be used 
for each patron. 

(2) /\fter a towel has been used once, it shall 
be discarded and placed in a clean, 
closed container until properly laun- 
dered. 

(3) Clean towels shall be kept in a closed 
cabinet, free from dust or dirt, until 
ready for use. 

(4) Chair cloths and shampoo aprons shall 
be kept clean and shall not be allowed 
to come in direct contact with the pa- 
tron's neck. 

(d) The head rest of an operating chair shall 
be co\ered with a clean towel or other sanitary 
covering before being used. 

(e) At least six combs and brushes must be 
provided for each operator. All combs and 
brushes shall be thoroughly cleansed after each 
use in the follow ing manner: 

They shall be cleaned with soap and hot 

water: 

They must be sanitized by being covered 

for 20 minutes in a five percent phenol, 

■§0 70 percent alcohol, and 10 percent 

Lysol solution; »f Chlorine solution. 

fof ^ minut t jo m a ftve porcont formal 
d e hyd e ijolution; ©f 

{-^ (3| They may be sanitized by being cov- 
ered for 30 minutes in other sanitizing 
solutions approved by the North Caro- 
lina State Board of Cosmetic Art Ex- 
aminers; 

{Sf (42 They must be removed from the sol- 
ution and dried thoroughly' with a clean 
towel. aft4 

f6^ Thoy mubt b^ placed m a clean, clos e d 
cabinet aft4 expo ' ied k+ At» fum e s ef 
fomialdehyde until u; . ed. 

Statutoty Authority G.S. SS-23. 

.0013 CLEANLINESS OF .lARS: GLASS: 
METAL AND OTHER EQUIPMENT 

(a) /Ml jars, glass and metal articles shall be 
cleaned in the following manner: 

{4-} They i . hall be boiled fef JO minuter . ; ef 
{^ {[]_ They shall be cleansed with soap and 
hot water; 



(1) 
(2) 



604 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(4) (2) They shall be sanitized in 70 percent 

alcohol or chlorine solution; and 
f4^ Qj_ They shall be kept in a closed cabi- 
net, afi4 until used. 
(4) Ihoy r . hall be cxpoood t» the fumuo »f 
formaldehydo until uiiod. 
(b) Furniture, equipment and other fixtures 
shall be of a washable material and kept clean 
and in good repair. Flectrical equipment shall 
be clean and in good repair. Suntan beds shall 
be considered part of fixtures in a beauty salon. 

Statutory Authority G.S. 8S-23. 

SLBCIIAPIKR 141 - OPER.VTIONS OF 
SCHOOLS OK COSMETIC .\R I 

SECTION .0100 - RECORD KEEPING 

.0101 PERMANENT HIES 

(a) A section of the school shall contain at 
least a suitable desk, chair and a pennanent file 
suitable for permanent records of matricula- 
tions of all students enrolled. 

(b) Permanent files shall be kept under lock 
and key, subject to inspection by the North 
Carolina State Board of Cosmetic Art Exam- 
iners or its authorized agents. 

(c) Included in this file shall be permanent 
records of the matriculations of all students 
enrolled including the following: 

(1) names and addresses of students, 

(2) places and dates of birth, 

(3) Social Security number, 

f^ (42 date students entered school, 
(44 £5) number of hours earned, 
f^ [6] complete breakdown of practical 
work performed by the student, 

(4) (JT) grades on all examinations taken by 

the student, and 
f?) (8) date of graduation. 

(d) The original copy of all enrollment 
blanks is to be filed with the North Carolina 
State Board of Cosmetic /\rt Examiners, and 
the duplicate is to be held by the school. 

Stalutor}' Authority G.S. 88-23. 

.0103 OIIIER REPORTS .\Nn INSPECTIONS 

(a) In addition to such other reports as may 
be required by the board, including reports of 
matriculation, schools and colleges of beauty 
culture shall report to the board or its author- 
ized agent, upon inspection of the school or 
coUege and at other times upon specific re- 
quest, the names of all students currently en- 
rolled and the hours completed by each of such 
students. 



(b) The owner or manager of the school or 
college shall read each inspection made of the 
school or coUege by an authorized agent of the 
board to determine that the information on the 
mspection report is correct before signing the 
report made by the agent. If any part of the 
information on the report is incorrect, it 
should be corrected before signing. 

(c) A report of all hours earned by each stu- 
dent shaU be mailed to the State Board of 
Cosmetic Art by the 15th of each month coy- 
ering the hours earned. 

(d) Reports shall be mailed in on forms ap- 
pro\ed by the board. 

(e) The state board office must be notified 
by letter prior to demonstrators, lecturers or 
obser\'ers being in the school. 

Statutory Authority G.S. 88-23. 

.0104 WITHDRAWALS 

(a) When a student who is enrolled in a 
school or college of beauty culture withdraws 
from such school, whether by reason of trans- 
fer to another school or coUege, dismissal, 
suspension, voluntary disenrollment, or for 
any reason other than graduation, a report 
thereof shall be forwarded to the board within 
20 days of withdrawal. 

(b) Such report shall contain the following: 

(1) name of the student, 

(2) Social Security number, 

f^ (3| the last date of attendance, 

f:^ [42 the reason for withdrawal (if known), 

and 
(4^ (52 the hours completed at the time of 

withdrawal. 



Statutory' Authority G.S. 88- 



:j. 



.0105 IRANSFER OF CREDIT 

(a) In order that hours may be transferred 
from one school to another a student must 
pass an entrance examination given by the 
school the student is transferring to, coyering 
the portion of work completed in the previous 
school or schools attended. 

fb^ A f i tatoment to the t ' ffoot that f i uch an- 
t ' xaminution has boon gi' i on tm4 paoiiod mui . t 
be forwurdod t© the office ef the Nortii Caro 
Ufta Stuto Board »f Cor i motic Aft EKuminors 
undor the seal »f the school along Mrith- the 
onrollmont application. 

(6^ (bj A student must complete at least 250 
hours in the school certifying his or her apph- 
cation for the state board examination. 

Statutoiy Authority G.S. 88-23. 



NORTH CAROLINA REGISTER 



605 



PROPOSED RULES 



.0106 STLDENT DAILY RECORDS 

All daily records kept on students must be 
kept in the pennanent files for future reference 
against weekly reports until a student has been 
accepted for the state board examination. For 
students that don t apply for State Board, their 
records can be destroyed ten years after the 
date ofonanal enrollment. 



Staiuion' Authority G.S. 88-23. 

.0107 KNKOI.I.MtM WITH ST.\TE BOARD 
OFFICE 

(a) Matriculations shaU be filed in the office 
of the North Carolina State Board of Cosmetic 
/Vrt Examiners not later than 30 days after the 
student enroUs in school. If enrollment is not 
received within 30 days^ a co 



py CM 



of daiK time 



records are required. 

(h) Students who have not been properly 
enrolled with the state board office will not be 
accepted for the examination gi\en by the 
board, and no hours will be credited by the 
board. 

(c) North Carolina State Board of Cosmetic 
Art Ixaminers statement of purpose for Cos- 
met oloLiy 1 ducation. Receipt of this must be 
sitmed by student and returned to state otTice. 



Statutoty Authority G.S. 88-23. 

.0109 GRADl ATION 

(a) I'he manager of each school shall com- 
pile, from the school records, a summary of 
each student's grades, hours, live model per- 
formance completions, date of enroUment and 
last date of attendance which shall be presented 
to the student upon graduation or the last date 
of attendance. 

(b) This summary shall be signed by the 
manager, ef instructor, and student; and shaU 
have the seal of the beauty school affixed. 

Statutory Authority G.S. 88-23. 

SECTION .0300 - CE.\SSROOMS 

.0302 LIBRARY 

(a) A small libran,' of reference books shall 
be placed in the clar . r . room made available for 
the H^l? (4 i . ludontr . . students use, covering all 
ethnic cultures. 

(b) in addition to the textbooks used, the li- 
brar\' shall contain a standard dictionary, a 
dictionaiy f4' modical V i ordf f . » book »» wigc i , 
a book e» tl+e art t-vf manicuring, a book €h* 
chomi ' . ' tpy rokiti' i x> t+» co^motology. a book h« 
beautician jf guide k+ bucuity, chann a«4 poino. 



book trf "Gray's jAnatomy." a medical dic- 
tionary and any other books relative to all 
fields of Cosmetology. 

Statutory Authority G.S. 88-23. 

SLBCHAPTER I4J - CLRRICULLM 

SECTION .0100 - BEGINNERS' 
DEPARTMENT 

.0103 TIME REQUIREMENTS ACCORDING 
TO HOURS 

(a) The maximum time a student is allowed 
to stay m the beauty school in any one day 
shall be eight clock hours. 

(b) At no time shall a student be credited 
with more than eight hours in any one day and 
hours earned on one date carmot be credited 
to another day. 

(c) Each student must complete 1200 hours 
in an approved beauty school or college before 
applying to the board for examination, except 
those students enrolled for the manicurist 
course only. 

(d) Each student shall spend 300 hours in the 
beginners' department before entering the ad- 
vanced department and shall not work on 
members of the public during this 300 hours. 

(e) Hours earned in the beginners' depart- 
ment shall be de\'oted to scientific study, sani- 
tizalion, and mannequin practice as outUned 
m 21 NCAC 14J .0104 and .0105. 

(t) Manicuring practice in this department 
shall be done on the students enrolled in the 
school during the first 300 hours. 

Statutory Authority G.S. 88-23. 

.0104 SCIENTIFIC STl DY AND PRACTICE 

fhe course of scientific study as proscribed 
for beginning cosmetology students shall be as 
follows: 

(1) N.C. law as it pertains to cosmetology-- 
4© 5 hours; 

(2) sanitation, sterilization and first aid-- 30 
10 hours; 

(3) bacteriology-- 40 5 hours; 

(4) anatomy— 40 5 hours; 

(5) grooming and personal hygiene— 10 
hours: 

(6) skin, scalp, hair, nails and their common 
disorders and diseases --10 hours; 

(7) chemistry pertaining to cosmetic art— 10 
hours; afi4 

(S) professional ethics-- 10 hours; and 
(9) manicuring--5 hours. 



606 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Statutory Authority G.S. 88-23. 

.0105 MANNEQLIN PRACTICE 

Practice of cosmetic beauty techniques on 
mannequins for begiiming students shall be as 
follows: 

(1) scalp treatments--5 hours; 

(2) shampooing and rinsing-- 5 hours; 

(3) hair dyeing and bleaching--30 hours; 

(4) hairdressing and combing--50 hours; 

(5) fmger waving, pincurling and roller 
placement— 50 hours; 

(6) hair cutting--20 hours; 

(7) permanent waving, marcelling, croquig- 
nole or hair pressing--30 hours; 

(8) frosting and streaking-- 10 hours; aft4 

(9) wigs, care and styling-- 10 hours; and 
(10) electrical curling iron, and blow 

dr\'ers--20 hours. 

Statutory Authority G.S. 88-23. 

.0106 EQl IPMENT FOR BEGINNERS 

The beginners' department shall be equipped 
with the foUowing minimum equipment for 
every 20 students in the department; 

(1) one HtHA' manicure table and stool, 

(2) two He¥r shampoo bowls and chairs, 

(3) two fww hearing heating caps, 

(4) t' i VL ' lvL> one mannequins with hair piccos 
f(rM= t ' uch. per student, 

(5) tw e h e three marcel heaters (optional), 
three electrical curling irons, 

(6) one slide projector and slides, 

(7) one ftevr mannequin practice table to 
accommodate at least ten students, 

/ V \ (~1 «-\ ^T| rv\ --1 T-j--.:!! ^C^ili T j-A T- ^^1^1^ f f 11, I .:i T^ f .-\r\ ri-^ I I .-i i--! 

m Ae department (optional), 
f% (8) sufficient cold wave rods for each 

student in the department; and 
(44)^ (9) two steamer caps (optional), pressing 
comb per student. 

Statutory Authority G.S. 88-23. 

SECTION .0200 - ADVANCED DEPARTMENT 

.0204 COLRSE WORK REQUIREMENT 

The course work done by ad\anced students 
shall be as foOows: 

(1) lectures on scientific study-- 10 hours; 

(2) chemistry, as necessar>- to the practice 
of cosmetic art— 10 hours; 

(3) anatony-- 10 hours; 

(4) bacteriology-- 10 hours; 

(5) skin, scalp, hair, nails and their common 
disorders— 20 hours; 



(6) grooming and personal hygiene- 5 
hours; 

(7) pin curling, fmger waving, aft4 rollers 
and combing --25 hours; 

(8) combing 20 hours; electrical curling iron 
and blow dr\'ers --20 hours; 

(9) permanent waving, marcelling, croquig- 
nole or hair relaxing-35 hours; 

(10) hair coloring and bleaching--25 hours; 

(11) salesmanship-- 10 hours; 

( 1 2) manicuring— 1 hours; 

(13) cosmetics-- 10 hours; 

(14) scalp treatments— 10 hours; 

( 1 5) roUer placement and pin curl placement 
and directional waving for design-- 10 
hours; 

(16) wig care and styling— 10 hours; 

(17) frosting and streaking-- 10 hours; 

(18) professional ethics— 10 hours; and 

(19) sanitation and sterilization— 20 hours. 

Statutory' Authority G.S. 88-23. 

.0205 LIVE MODEL PERFORMANCE 
REQUIREMENTS 

(a) The following live model performance 
completions shall be done by each student in 
the ad\anced department before the student is 
certified to the North Carolina State Board of 
Cosmetic Art Examiners for the examination: 

(1) hair and scalp treatments--30 hours -- 
15 performance completions; 

(2) hairstyUng and shampooing--200 hours 
-- 150 performance completions; 

(3) tinting and bleaching--50 hours -- 6 
performance completions; 

(4) frosting and streaking— 20 hours -- 4 
performance completions; 

(5) temporary rinses-- 10 hours -- 20 per- 
formance completions; 

(6) semi permanent rinses-- 5 hours -- 7 
performance completions; 

(7) cold permanent waving-- 150 hours -- 
10 performance completions; 

(8) Marcelling, croquignole and permanent 
relaxing--35 hours — _1_5 performances; 

(-8^ (21 facials, massages, packs, eyebrow 
archmg--15 hours — 10 performance 
completions; 
(% (10) lash and brow tinting— 10 hours — 
4 performance completions; 

(4-(H (II) manicuring and hand and arm 
massage--20 hours -- 10 performance 
completions; 

f44-} (12) hair shaping-- 100 hours — 25 per- 
formance completions; and 

(44f (13) wig care and styling-20 hours — 
10 performance completions; and 



NORTH CAROLINA REGISTER 



607 



PROPOSED RULES 



( 14) electric curlint; iron and blow drvcrs- 
-10 luHirs -j_ U) pcriormanccs. 
(b) Ccrtilication of these live model per- 
formance completions will be required along 
with the application for the examination. 

Siatulory Authority G.S. 88-23. 

.0206 EQUIPMENT IN ADVANCED 
DEPARTMENT 

The adsanccd department shall be equipped 
with the following minimum equipment: fof 
L > v e ry ^ lUudontQ «• th« doportmont: 

( 1 ) four H«w manicure tables and stools, 

(2) eighteen fhhv- dr>'ers and chairs, 

(3) eiglit ¥fdw shampoo bowls and chairs, 

(4) three Ht*w heating caps or one condi- 
tioning machine, 

(-^ throo ftew otoamor cups (optional), 

f6) (5} thirty R«vr dressing tables and styling 

chairs, 
f?^ (_6i three fwvr facial chairs, 
fJi^ [7| tw e U e six marcel heaters, (optional). 
f^ (S| marcel irons for each student enrolled, 

(optional), and 
f4-&^ (^ sutlicient cold wave rods for each 

student enrolled in the department. 

Statutory Authority G.S. SS-23. 

SECTION .0300 - COMBINED STLDIES 

.0302 EQUIPMENT 

Each school or college shall provide the fol- 
lowing ec]uipment or supplies for use in the 
training and teaching of aU students: 

(1) two therapeutic lamps, 

(2) Uve one \ibrators, 
(4-^ tri* glii J' S dropporo, 

f4^ {il fo**f t-**^ one set standard measuring 

spoons, 
(-5-^ t' . ' . 'L'lvcj standard moasuring cupr . , aft4 
(-^ (42 wet and dr\' sterilizers of sufficient size 

to sterilize properly all tools and supplies 

used by students. 

Statutory Authority G.S. 88-23. 

.0303 STUDENIS' PERSONAL SUPPLIES 

Each student shall have the following mini- 
mum supphes: 

( 1 ) manicure supplies and implements for a 
complete manicure; 

(2) six combs; 

(3) six brushes; 

(4) sufficient pin curl clips; 

(5) sulTicient smooth roUers; 

(6) one marcel comb; 



(7) one bet comb 

iron; 
(8) 



■ electric curlint 



(9) 
(10) 

(11) 

nil 

Oil 



one razor; 

two scissors, tapered and straight; 

one eyebrow tweezer; a«4 

one tint comb; 

one blow drver; and 



one copy of "An Act to Regulate the 
Practice of Cosmetic Art in the State of 
North CaroUna" issued by The State 
Board of Cosmetic Art Examiners. 



Statutory Authority G.S. 88-23. 

.0304 CONDITION OF EQUIPMENT 

All equipment in the school must be new ctft4 
©f modern typ(3 or in good, workable safe 
condition and kept in first class condition. 

Statutory Authority G.S. 88-23. 

.0305 TEACHING PROGRAM 

Each beauty school or college shall adopt and 
use a teaching program ©f thoir choico. ap- 
proved by the board. 

Statutory) Authority G.S. 88-23. 

SECnON .0400 - COURSE OF STUDY 

.0402 PRACTICAL ASPECTS OF STUDY 

Practical aspects of study shall be as follows: 

(1) the systematic massaging Vrit4* hands ctft4 
mochanioal apparatus of the scalp, face, 
neck, shoulders and hands; 

(2) the use of cosmetic preparations and an- 
tiseptics; 

(3) manicuring; 

(4) cutting hair; 

(5) d\eing hair, eyebrows and lashes; 

(6) cleansing of scalp and hair; 

(7) arranging, dressing, and waving hair. iffi4 
fS) H*» »f el e ctricity fof r i timulating growl h 

Statutory Authority G.S. 88-23. 

.0403 KEL.\TI\E SUBJECTS 

(a) Relative subjects shall be taught as nec- 
essary in, or as applied to, the practice of cos- 
metology. 

(b) Relative subjects of study shaU be as 
follows: 

(1) physiolog\- 

(2) dermatology; 

(3) bacteriology; 

(4) anatomy and especially pertaining to 
head, face, shoulders, anns and hands; 

(5) chemistry of cosmetic practice; 



60S 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(6) care of the skin and its appendages; 

(7) sanitation; 

(8) myology and especially pertaining to 
the face, neck, shoulders and arms; 

(9) angiology; 

(10) neurology; 

(11) osteology; 

(12) ethics and shop management; 

(13) diseases of the scalp and skin; 

(14) stimulation--mechanicaI, chemical, 
thermal, nerve impulses; 

f44i elect ricity - high - frequency, faradio, 

galvanic; aft4 
(4^ (15) the use of electrical instruments, 

dryers, permanent \va\ing machines, 

\ibrators, therapeutic lamps, and 

steamers. 

Statutory Authority G.S. 8S-23. 

.0404 TESTS 

Written ttft4 efat tests and examinations shall 
be given in all subjects. 

Stdtutoiy Authority G.S. 88-23. 

SLBCIIAPTFR 14K - MAMCLRIST 
TRAINING 

.0002 COURSE OF STL DY 

The following course of study is required by 
the North Carolina State Board of Cosmetic 
Art E.xaminers before application is made to 
the board for examination and each student 
shall be given a complete course in the same: 

(1) 100 hours of actual practice in manicur- 
ing includmg trimming, filing, nail sculp- 
turing, shaping, decorates and applies 
sculptured or otherwise artificial nails, 

(2) i^ HI hours of ann and hand massage, a«4 

(3) 3^ HJ hours of theory and salesmanship 
as it relates to manicuring, 

(4) 15 h(^urs sanitization, and 

(5) 15 hours bacteriology. 

Statuior}' Authority G.S. 88-8; 88-23. 

SLBCIIAPTER 141. - TEACHING ST.VFF 
SECTION .0100 - TEACHER EXAMINATIONS 

.0101 QLALIFIC.VTIONS 

No person shall be eligible to take an exam- 
ination to be certified as a teacher of cosmetic 
arts unless he or she has the followmg quali- 
fications: 

(1) at least five years experience as a regis- 
tered cosmetologist practicing cosmetic art 



in a beauty shop immediately prior to 
applying for examination; and 

(2) is a licensed cosmetologist who has 
practiced as a registered cosmetologist in 
an approved beauty salon at least six 
months and has completed at least 400 
hours of teacher training in an approved 
beauty school or college, consisting of the 
foUowing: 

(a) to 200 hours orientation unit planning, 
daily lesson planning and clinic man- 
agement planning all under the super- 
vision of a licensed instructor; 

(b) 200 to 400 hours to be used by the 
trainee in conducting theory classes, 
practical demonstrations an,d clinic 
management under the direct super- 
vision of a licensed instructor; 

(3) must be registered with the board before 
entering the teacher training program ift 

j^ «-.-i .-t «- t ."i. -- .-^ .-■ . -t. 1 ■ . -t .^ j-i-v.-j « t ■> .^-» 1 1 t It «-/-« j-ii ifil.4./--.-it<.-i«-k 
(_TI TJ\. T TT7 I VTTV 1 TV I. 1 ^. U 1 1 HJ T1 I4J U- U UU.III IVTJl lUI I 

f»f regular teuchern examination: and a 
copv of his/her high school diploma must 
be attached to the enrollment; 

(a) Under no condition are hours for credit 
retroactive prior to registration with the 
board; 

(b) At no time shall the trainee do clinical 
work in the school; 

(4) must comply with present regulations 
requiring a high school diploma or equiv- 
alency; 

(5) must pay an application for examination 
fee of twenty five dollars ($25.00). fifty 
dollars (S50.00) plus ten dollars ($10.00) 
license fee. 

(6) All teachers taking the State Board Ex- 
amination will be required to take both 
cultures before being issued a license. 

Statutory Authority G.S. 88-23. 

.010.^ SUBSTITUTES 

A licensed cosmetologist will be allowed to 
substitute for the teacher in a school or college 
for no more than 10 days in one full year, 
provided the person who is substituting is reg- 
istered with the office of the North Carolina 
State Board of Cosmetic Art Examiners prior 
to the date. The North Carolina State Board 
of Cosmetic Art E.xaminers may for a good 
reason extend the number of davs a cosmetol- 
ogist mav substitute for a single teacher. 

Statutory Authority G.S. 88-23. 

SECTION .0200 -STUDENl INSTRUCTOR 
TRAINEE PROGRAM 



NORTH CAROLINA REGISTER 



609 



PROPOSED RULES 



.0204 GRADES KEQl IRED FOR DIFFERENT 
PROGRAMS 

(a) i\ passing score of 70 percent on both 
practical and the thcon," on the special exam- 
ination, that is to be given by the members of 
the board, will qualify the instructor trainee for 
the Registered Apprentice License. 

(b) A score of at least 85 percent on both 
practical and theory, on the special examina- 
tion given by the members of the board, will 
qualify those requesting permission to be a 
student instructor trainee. 

(c) A letter will be mailed to the school or 
college to give permission for the successful 
applicant to continue in the school or college 
to train toward their teachers examination. 

(d) Applicants, for trainees, who make less 
than 85 percent on both practical and theory 
on the examination will not be permitted to 
continue in the school or college m At» trainoo 
program, unless student re-applies within 30 
days of the date of examination 

Statutory Authority G.S. SS-23. 

.0205 DIMSION OF CI RRICl LLM DURING 
IRAIMNG 

The division of the curriculum during the 
training period for student instructors shall be 
as follows: 

(1) to 50 hours - to be devoted to orien- 
tation on the theor,' of teaching; 

(2) 50 to 400 hours -- unit planning, daily 
lesson planning and clinic management 
under teacher super^'ision; 

(3) 400 to 1000 hours - to be used by the 
student in conducting theor)' classes, 
practical demonstrations and clinic man- 
agement under the direct supen'ision of a 
licensed teacher. 

Statutory Authority G.S. S8-23. 

.0206 CI RRICl LLM AND COURSE WORK 

The cumculum of the student instructor 
training period shall consist of the following: 
(1) Onentation (0-50 hours): 

(a) supervised mtroduction to methods and 
techniques used by the training instruc- 
tor; 

(b) super\ised introduction to materials, 
equipment, various contracts, applica- 
tions and examination forms from the 
North Carolina State Board of Cos- 
metic .Art Examiners; 

(c) introduction to rules and regulations of 
the school; 



(d) 
(e) 
(0 
(g) 
(h) 



(2) 



explanation of importance of harmoni- 
ous teacher-student patron relationship; 
instruction in the preparation of lesson 
plans; 

instruction in the planning of class lec- 
tures and presentations; 

instruction in the preparation of all 
types of examinations; and 
observation of all lectures by licensed 
teachers. 

Practical clinic management (50-400 
hours): 
(a) During the second phase of the student 
instructor training, he or she shall ob- 
serve all class lectures while preparing 
for his first class lecture; 
All management training shall be under 
practical supers'ision of the managing 
teacher or another teacher designated 
b>' the owner; 

The student instructor shall begin the 
preparation of daily lesson plans, and 
examinations; 

It is expected that the trainee will utilize, 
when applicable, chemistry in conjunc- 
tion with the basic text material: 
A daily lesson plan with e.xaminations 
will be required in most subject areas; 
and 

.Areas which will be covered in the 
practical clmic management section of 
the instructor training wiU he the fol- 
lowing: 

(i) North Carolina State Board of 
Cosmetic ,-\rt Examiners rules and reg- 
ulations; 

(ii) Sanitation and sterilization (shop, 
school); 
(iii) Cold waving; 
(iv) Hair shaping and hair cutting; 
(y) Hair and scalp treatment; 
(vi) Hair coloring, bleaching, tempo- 
ralis semi-permanent to include wigs 
and hair pieces; 
(vii) Hairstyling; 
(viii) Manicuring; 
(ix) Chemical hair relaxing; 
(x) Professional and personal operator 
development; 

(xi) Iron curling; Flectric curling iron: 
(xii) ChemistPv of hair: ct«4 
(.xui) Lash and brow tint and arches; and 
(xiv) Blow dr\'er; 
(3) Classroom teaching and clinic manage- 
ment (400-1000 hours): During the 
third phase of tins training, the student 
instructor shall conduct theor>' and 
practical classes, preparing daily lesson 



(b) 



(cj 



(d) 



(e) 



(0 



610 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



plans and examinations on each lesson 
taught. 

Stalutoty Authority G.S. 8S-23. 

.0208 SI PKRVrSION OF STLDENT 
INS TRl CTOR TRAINEE 

At no time shall a student instructor trainee 
be left in school without super\ision of a li- 
censed teacher. Violation of this Rule shaU 
be just cause to re\oke the permission gi' i 'on 
hf tht» mombcT ! ) t4 A* board to remain i» tb« 
school a* a trainoo. to conduct the student 
trainee program for a period of one year. 

Statutory Authority G.S. SS-23. 

.0209 TIME REQUIREMENTS 

(a) The student instructor trainee program 
shall be a full tune program for those given 
permission by the members of the board. 
Credit of time will be given from the time the 
examination application is rccci\'ed in the of- 
fice of the state board, pro\'idcd they pass the 
.Student Irainee I'xamination with a grade of 
85 percent on both parts. 

(b) A full time program means the trainee 
shall be present all day, each day the school is 
open for business, unless out because of illness, 
or the attending of a teacher training course as 
required by the board. 

(c) The office of the board shall be advised 
in case of absence of the trainee. 

(d) The student instructor trainee shall not 
be given credit for more than eight hours per 
day. 

(e) A record of the hours earned as a trainee 
each day shall be kept subject to an inspection. 

Statutory Authority G.S. 88-23. 

.0214 LICENSING 

(a) A student instructor trainee must apply 
for a cosmetologist license upon completion 
of six months apprenticeship as a student in- 
structor trainee. 

(b) To secure the cosmetologist license, the 
affidavit must be completed showing the date 
beginning and the date ending, the name of the 
school, the teacher's name and cosmetologist 
license number and have this information and 
the signature of the teacher (cosmetologist) 
notarized. 

(c) The affidavit, the apprentice license of the 
trainee, and the required fee for securing the 
cosmetologist license must be submitted to the 
board. 



(d) After completing the student instructor 
trainee requirements as outlined in 21 NCAC 
14L .0200, the trainee must apply, by letter, to 
the board for the examination for a teacher's 
certificate. 

(e) The fee for this examination will be 
twontv five dollars ($25.00). fifty dollars 
($50.00), plus a ten doUar ($10.00) license fee. 

(f) The trainee must be issued a cosmetolo- 
gist license before he or she can qualify to ap- 
ply for the teacher's examination. 

Statutory Authority G.S. 88-23. 

SLBCH.VPTER 14M - FORMS 

.0001 DESIGNATIONS 

The forms used by the North Carolina State 
Board of Cosmetic Art Examiners wiU be 
known by the following titles and numerical 
designations: 

(1) Application for Approval of Beauty 
School — Form COS-1; 

(2) Deficiency Form -- Form COS-2; 

(3) Certification of Enrollment of Students 
Entering School Since June 30, 1933 -- 
Form COS-3; 

(4) Application for Out-of-State Applicants 

- Form COS-4; 

(5) Application for Apprentice Certificate 
of Registration -- Form COS-5; 

(6) Affidavit of Apprenticeship -- Form 
COS-6; 

(7) Examination Notice -- Form COS-7; 

(8) Enrollment for Manicurist Student — 
Fonm COS-8; 

(9) Application for Manicurist Certificate 
of Registration -- Form COS-9; 

(10) Application for Instuctor Examination 

- Form COS-10; 

(11) Application for Re-Examination of Li- 
censed Instructors -- Form COS-1 1; 

(12) Inspector's Report — Form COS- 12; 

( 13) Salon license application -_^ Form 
COS- 13; 

(14) Mcmthly report of students credited 
hours -_^ Form COS- 14; 

( 1 5) Copies; 

( 16) Access to Forms. 

Statutory Authority G.S. SS-23. 

.0004 FORM COS-3 

Form COS-3 reports enrollment of students 
who have entered a particular school since its 
founding or June 30, 1933, whichever is later. 
It requires information such as the following: 



NORTH CAROLINA REGISTER 



611 



PROPOSED RULES 



(1) name, address, »«4 birth date of student 
and social secunty number; 

(2) race; and 

(3) date entered school. 

Statutory Authority G.S. 8S-23. 

.0005 FORM COS-4 

Form COS-4 is an application form for out- 
of-state practitioners who wish to become li- 
censed in North Carolina. It requires 
information such as the foUowing: 

( 1) name. aft4 address, aft4 state of residency 
and social sccuntv number, 

(2) length of time in practice, 

(3) license number(s) for other state or states, 
and 

(4) experience. 



Statutory Authority G.S. 88-23. 

.0016 FORM COS- 1 3 

SaJon license applications shall be mailed to 
the state board office for a new license or an- 
nual renewal. 

Statutory Authority G.S. 88-23. 

.0017 FORM COS-14 

Monthly report of students credited hours 
shall be mailed to the state board office by the 
15th of each month by the school or college. 

Statutory^ .-iuthority G.S. 88-23. 

****************** 



Statutory Authority G.S. 88-23. 

.0006 FORM COS-5 

(a) Form COS-5 is an application for an 
apprentice certificate of registration. It re- 
quires information such as the foUowing: 

(1) name and address of applicant and so- 
cial secuntN' number. 

(2) name and address of school attended, 
and 

(3) educational experience. 

(b) The fonn must be notarized before sub- 
mitting it to the board. 

(c) Two checks must accompany this form; 
a check in the amount of five dollars ($5.00) 
to cover the examination fee: and a check in 
the amount of fe-tH= doUuro (% l.ODj five dollars 
($5.00) to cover the apprentice license. 

Statutory Authority G.S. SS-23. 

.0014 COPIES 

Copies of all forms may be obtained by writ- 
ing the Chairman of the North Carolina State 
Board of Cosmetic Art Examiners, 44-^ W e rd 
Hargott Strt ' ot. Pe-4 Qflk^ U^ U(^ RalcMgh, 
North Carolina 27^02. 4101 North Blvd., 
Suite II, Ralciah. North Carolina 27604 



7 V otice is hereby gh-en in accordance with G.S. 
I SOB- 1 2 that the \orth Carolina Stale Board 
of Examiners of Electrical Contractors intends 
to amend regulation cited as 21 NCAC 18 
.1606. 

1 he proposed effective date of this action is 
April I. 1988. 



Th 



he public hearing will be conducted at 10:00 
a.m. on January 14, 1988 at Office ofNC Stale 
Board of Examiners of Electrical Contractors, 
1200 Front Street, Suite 105, Raleigh, North 
Carolina 27609. 



Co 



omment Procedures: Interested persons 
may present statements either orally or in writ- 
ing at the public hearing or in writing prior to 
the hearing by mail addressed to the State 
Board of Examiners of Electrical Contractors, 
Box IS'727, Raleigh, SC 27619. 

CHAPTER 18 - BOARD OF EXAMINERS OF 
ELECTRICAL CONTRACTORS 

SECTION .1600 - GENERAL PROVISIONS 



Statutory Authority G.S. 88-23. 

.0015 ACCESS TO FORMS 

The forms described in 21 NC/\C 14M are 
on file at the North Carolina State Board of 
Cosmetic Art Examiners, 444 \\'L" . t I largott 
Stroot. Raloigli. North Carolina 27602. 4lni 
North Blvd.. Suite If Raleigh. North Carolina 
276(14. and can be mspected during regular of- 
fice hours. 



.1606 ADMINISTR.\TIVE HEARING 
PROCEDl RES 

fa4 Subchaptorc i ^ aH4 iQ Bf A*» .Model 
Admmu . trutiv e Proct'durcL i fef Rule Making 
*h4 Huuring ii . Codili i^ d a^ I itl (* 22^ NCi\C, ei- 
foctivo Soptombor 5^ l^iSO. aft* h ore by adopted 
by roforonco. ift applyuig 22 NCAC, Sub 
chuptLT ! ) 2U^ aft4 3€t te- t4«* board, A<* 4*4+- 
nitiono contained m 22 NCAC 2A .0005 >Thall 
apply a* modifi e d herein: 



612 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



W 
m 



i\UL ' nov" momis the Stato Board »f 



Exaniinijrfl ef ni e ctrical Contmotoro. 
"AgL'noy addrui . i . " muans: 
Statu Board ef I'xaminoro e^ Ivl e ctrioal 
Contractor ; '! 
«0© fte«t- Stwe^ Swt«. +4^ 

Raloigli. North Carolina 37619 
{¥f "i\gency hoad" 

fA^ 4+»- the cont < >Kt &f final agoncy deci 

;iion!j, "agL ' noy h e ad" mfan i j t+«? board. 
(-&) tft th« context ef the hoard granting 

admini ' Jtratis e authority, "agL>ncy 

head' moano t++e oxocutivo director »f 

thi* board. 
f^ Copier . ^' jj NCAC Subchaptero 2R aft4 
3G aft4 j^ NCAC 3A tOOO^ a^e e» ftfe. » the 
board's office aft4 mw be inspected m- that- 
otTic e . (Copies may be obtained from the 
board »F from tite jXdniinir . trati' . e Procedures 
Section »f tbe Attorn e y Generals Office, 4+^ 
Fayotte' i ille Street. Raleigh. North Carolina. 
at- a charge ef fo«f dollars ($1.00). 

The rules establishing procedures for con- 
tested cases adopted bv the Office of .Adminis- 
tratise Hearings as contained m Title 26. 
('hapter 3 of the North Carolina Administra- 
tive C(^dc are hereby adopted bv reference, as 
proN'ided for m (i S. 15()]?-14(c). for contested 
cases for which this agency has authorit\' \o_ 
adopt rules under G.S. 15()B-38(h>. IVovided. 
howe\'er. that if t]ie case is conducted under 
G.S. 1 SOB -40(b). the presiding otficer shall 
have the powers and duties gi\en to the Chief 
Administratixe Law Judge or the presiding 
AdministratJNe L^aw .ludge in Title 26. C.'hapter 
3 of the North Carolina Administrati\e Code 
and that 26 NCAC 3 .0001(2): .0(H)2(a)( 1); 
.0003(b): .0025: and .01)26 shall nm apply. 
Copies of Title 26, Chapter 3 of the North 
Carolina Administrative Code are on file in the 
board's olTice and mav be obtained therefrom. 



Statutory Authoritv G.S. 87-42; 87-47; 
I SOD- 1 4(a) (4); I56B-38(h) . 



1 he proposed effective date of this action is 
April 1. 1988. 

1 he public hearing will be conducted at 1 :00 
p.m. on January 15, 1988 at Hearing Room 
201, Division of Facility Services, 701 Barbour 
Drive, Raleigh. North Carolina 27603. 

C omment Procedures: Address comments to: 
Mike Eddinger. Division of Facility Services, 
Emergency Medical Services, 701 Barbour 
Drive, Raleigh, NC 27603. Record to remain 
open from December 15, 1987 to January 14, 
1988. 

CHAPTER 32 - BOARD OF MEDICAL 
EXAMINERS 

SUBCHAPTER 32H - MOBILE INTENSIVE 
CARE 

SECTION .0100 - GENERAL INFORM.ATION 

.0101 AUTHORITV: INTENT AND GOALS 

(a) In estabhshing and approving rules and 
regulations pursuant to G.S. 143-514, it is the 
intent of the Board of Medical Examiners and 
the Department of Human Resources to re- 
spond to a critical shortage of professionally 
trained medical and nursing personnel for the 
dehvePi' of fast, efficient emergency medical 
care to the sick and injured at the scene and 
during transport to a health care facility. 

(b) Impro\'ed emergency medical services are 
required to reduce the mortality and morbidity 
rate during the first critical minutes imme- 
diately following trauma ae- accident or the 
onset of a medical emergency serious physical 
condition such as an acute myocardial infarc- 
tion. Within the goals of the Board of Medical 
Examiners and the Department of Tluman 
Resources, in estabhshing these rules and reg- 
ulations, is the provision of the best and most 
economical delivery of emergency medical 



'k-^-k-k-k-k-k-^-k-k-k'^'k'k'k'k'k-k 



No 



otice is hereby gh'en in accordance with G.S. 
I SOB- 1 2 that the Department of Human Re- 
sources intends to adopt regulations cited as 21 
NCAC 32 H .0407; .0505; amend regulations 
cited as 21 NCAC 32H .0101 - .0102: .0201 - 
.0202; .0301 - .0303: .0401 - .0406; .0501 - 
■0504: .0601 - .0602; .0701 - .0702: .0801 - 
.0802: .0901 - .0903: .1001 - .1004: repeal reg- 
ulations cited as 21 NCAC 32H .0304: .0603. 



Statutoiy Authority G.S. 143-514. 

.0102 DEFINITIONS 

(a) "Office of Emergency Medical Ser\'ices" 
means an official agency of the State of North 
Carolina, Department of Human Resources, 
who shall ser\e in an administrative capacity 
to the Board of Medical Examiners. 

(b) "Mobile intensi\'e care program" means 
a program of pre-hospital emergency medical 
care whereby definitive medical care is deliv- 
ered to a victim of sudden injury' or illness by 



NORTH CAROLINA REGISTER 



613 



PROPOSED RULES 



appropriately trained and certified pre-hospitaJ 
technicians operating under the direction of a 
sponsor (*f rooouroo hospital. All mobile in- 
tensive care programs shall conform to the 
criteria established in the regulations contained 
in this Subchapter and must be approved by 
the Office of Emergency Medical Services. 

(c) "Mobile intensive care unit" means any 
emergency vehicle staffed by field technicians 
and equipped in accordance with standards es- 
tablished by the North Carolina Medical Care 
Commission as found in 44i NCAC tJM .0103 
aH4 S\m, 10 NCAC 3M .0202, .0203, .0204, 



and .0205 to provide remote intensive care to 
sick and injured persons at the scene of a 
medical emergency and during transport to a 
health care facility. 

(d) "l''mergency medical technician-par- 
amedic (BMT-P)" means a person specially 
trained in emergency medical care in a training 
program approved by the Otfice of limergency 
Medical Ser\ices who has been certified or re- 
certified by the Board of .Medical Examiners 
as qualified to render the services enumerated 
in Rule .0402 of this subchapter. 

(e) "Emergency medical technician-in- 
tcnncdiate (EMT-Intcrmediate)" means a per- 
son specially trained in a training prt)gram 
approved by the Otfice of Emergency Medical 
Services and who has been cerlitied or recerti- 
fied by the Board of Medical Examiners as 
qualified to render the services enumerated in 
Rule .0403 of this Subchapter. 

(f) "Mobile intensive care nurse (MICN)" 
means a registered nurse who has been ap- 
proved or reapproved by the Board of Medical 
Examiners to issue instructions to field techni- 
cians in accordance with prcUocols approved 
by the sponsor ef roi . ourcc hospital and under 
the direction of the responsible physician. 

(g) "Sponsor hospital" means a hospital and 
its medical staff which actively participates in 
a mobile intensive care program and has re- 
sponsibility for providing or ensuring the pro- 
vision of training and medical direction to the 
field technicians. The sponsor hospital shall 
meet criteria adopted by the Board and be ap- 
proved by the Office of Emergency .Medical 
Services. 

ffe^ "Rof t ourco ho i. pital' mijann a hoapital 
afl4 rt* mudioal strtft ' ■ ' ■ liioh tn ' rve as a rosuurco 
fef t>«t» t» more mobile inteii '. i' r e eaft? f>f«- 
gram ii fuiiclioning V i ithin a multi county afea- 
approved by t+n* Otfioc »f Emergoncy Medical 
S e r i ioe - j. 44i<* roijource ' j ho - jpitul oop i e ii ^ pro 
vt4e phy ' . . ician ?. upport awtl training 
program -, taciliti e;^ k* k* alliliali'd i. pon ^. or 
ho j' pilalo a^ weU a* overall coordmation ^^& i*h- 



s«fe program oonuiotonoy aft4 quality. ^Fh« Fe- 
oourco hospital shall moot criteria adopted hf 
A« Board Bf^ be approved by the Office ef 
Emergency Medical Sorsices. 

(i) (h) "Physician" means an individual li- 
censed by the Board of Medical Examiners to 
practice medicine in the State of North Caro- 
lina. 

{^ (i} "Medical director" means the physician 
responsible for the medical aspects of the 
management of the mobile intensive care pro- 
gram. 

(^ (]) "Oral interview panel" means a com- 
mittee composed of physicians and nurses 
whose responsibility is to interview each ap- 
plicant for certification, rooertification, ap- 
proval e* roapproval, either collectively or 
individually and evaluate his suitability to per- 
form successfully at the certification level 
sought. Factors evaluated shall include the ap- 
phcant's knowledge of emergency medical care, 
familiarity with operational protocols and mo- 
tivation for serving in this capacity. The panel 
must consist of a minimum of three members 
with a majority being physicians appointed by 
the medical director of the mobile intensive 
care program in w hich the oral interv iew panel 
is functioning. 

f44 (k) "Audit and review panel" means a 
committee composed of representatives of the 
medical, nursing, administrative and pre-hos- 
pital care service elements of the mobile inten- 
si\e care program which has the responsibility 
for the on-going monitoring and evaluation of 
the program. The chairman of the panel shall 
be a physician and a majority of the voting 
members shall be physicians. 

ffft^ (ji "Study project" means a proposal in- 
volving exceptions to the provisions of this 
Subchapter for the purpose of evaluating the 
efficiency and effectiveness of alternate means 
of providing mobile intensive care services to 
the citizens of North Carolina. 

(-H^ (m) ".Medical control" means the man- 
agement and accountability for the medical 
care aspects of a mobile intensive care pro- 
gram. It entails the physician direction and 
oversight of the training of the field technicians 
development and monitoring of both opera- 
tional and treatment protocols; evaluation of 
the medical care rendered by the mobile in- 
tensive care personnel; participation in system 
evaluation; and directing, by radio or tele- 
phone, the medical care rendered by the field 
technicians. EMT - intennodiatos Bf EM 1 
paramedics » t4w field. 

ftH In) "Field technician" means a certified 
cmerizencv medical technician-defibrillation. 



614 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



emergency medical technician-intermediate, 
emergency medical technician-advanced inter- 
mediate, or emergency medical technician-par- 
amedic. 

ff4 (o) "Emergency medical technician-ad- 
vanced intermediate (EMT-AI)" means a per- 
son specially trained in a program approved 
by the Office of Lmergcncy Medical Services 
and who has been ccrtrfied or recertified by the 
Board of Medical Examiners as qualified to 
render services enumerated in Rule .0406 of 
this Subchapter. 

(p) "Emergency medical technician - defi- 
brillation (l-.M T-D)" means a person specially 
trained in a program approved by the Office 
of l-'mcrizencv Medical Sc^\^ices and who has 
been certified or recertified by the Board of 
Medical rxaminers as qualified to render ser- 
vices enumerated in Rule .0407 of this Sub- 



chapter. 

Statutory Authority G.S. 143-514. 

SECTION .0200 - PROGR.AM STAND.VRDS 
AND AI'PROVAL 

.0201 MOBILE INTENSIVE CARE PROGRAM 
CRITERIA 

Mobile intensive care programs shall cover a 
defmed service area of generally not less than 
one county and must have the following: 

(1) a plan, as specified in Rule .0302 of this 
Subchapter, for the coordination of the 
sponsor and, or rL" . ouroL ' hospitals partic- 
ipating in the progriim. Uliu ' rc affiliation 
with a rooourco ho ' . f pital i« required, a 
copy e+" tbe written ugrt 'e mt ' nt must be 
inoludod. 

(2) a designated medical director who shall 
be responsible either directly or by clearly 
established delegation to the other li- 
censed physicians at the sponsor and or 
r e- jourcL * hospital(s) for the following: 

(a) the initial estabhshment and periodic 
updating of treatment protocols; 

(b) medical supervision of the selection, in- 
itial training, continuing education and 
peribrmance of li.M T Intermediate ' , 
EM T 1' aft4 .MICN poroonnul; the field 
technicians and MICN personnel; 

(c) the medical review of the care provided 
to patients; 

(d) keeping the care provided up-to-date 
with advancing biomedical science and 
technology; and 

(e) participation in the overall management 
of the mobile intensive care program in 
liaison with nursing, technical, and ad- 



ministrative staff of the program. The 
medical director has the authority to 
suspend temporarily, pending formal 
review, a field technician or MICN 
from further participation in the mobile 
intensive care program when in his de- 
termination the activities and/or med- 
ical care rendered by such personnel are 
or may be detrimental to the care of the 
patient. 

(3) an organized and defined system of 
communications that provides for: 

(a) public access through a central medical 
communications center preferably uti- 
lizing a single, well-publicized telephone 
number; 

(b) dispatch and coordination of all re- 
sources (manpower, vehicles and 
equipment) essential to the effective and 
efficient management of requests for 
emergency medical assistance; 

(c) communications linkages for interacting 
with other public safety agencies to ob- 
tain additional resources required to 
support emergency medical services ac- 
tivities; 

(d) two-way voice communications as spe- 
cified m Rules .0303(a)(2)(I) aft4 .^^04 
(u)(7) of this Subchapter between the 
field technicians and the personnel at 
the sponsor and,' or ret ' Ourc i O hospital 
responsible for directing the medical 
treatment rendered by the technicians. 

(4) adequate certified manpower to ensure 
that the program will be continuously 
available on a 24 hour-a-day basis; 

(5) audit and review panel(s) which meet on 
a regular basis and whose responsibihties 
include at least the following: 

(a) reviewing mobile intensive care cases to 
determine the appropriateness of the 
medical care rendered by all personnel 
involved in the case; 

(b) making recommendations to the med- 
ical director for the continuing educa- 
tion program for mobile intensi\e care 
personnel; 

(c) reviewing the policies, procedures and 
protocols for the mobile intensive care 
program and making recommendations 
for improvement. 

Statutory Authority G.S. 143-514. 

.0202 PROGRAM APPROVAL 

(a) A complete proposal to establish for a 
mobile intensive care program must be sub- 
mitted to the Office of Emergency Medical 






NORTH CAROLINA REGISTER 



615 



PROPOSED RULES 



Senices at least 60 days prior to the planned 
field implementation of the program. 

(b) I'he proposal must demonstrate that the 
program meets the standards found in Rule 
.0201 of this Section and must follow the for- 
mat specified by the Office of Emergency 
Medical Services. 

Siatuioty Authority G.S. 143-514. 

SECTION .0.^00 - HOSPIT.VL UTILIZATION 

.0301 HOSPITAL IN\OL\EMENT 

Hospital and hospital medical statT partic- 
ipation in the establishment, operation and 
ongoing evaluation of mobile intensive care 
programs is essential. The role of each partic- 
ipating hospital within the senice area of a 
mobile intensive care program must be de- 
fmed, and the operational procedures outlined 
and agreed to by all participants so as to help 
ensure proper coordination. Hospitals ap- 
proved by the OfTice of limergcncy Medical 
Services as a sponsor and or roi ' Ourci? hospital 
ma\ provide services utilizing mobile intensive 
care personnel for the deli\-ery of emergency 
medical care to the sick and injured at the 
scene of an emergency, during transport to a 
hospital, wliile in a hospitd emergency de- 
partment and during traming of the techni- 
cians. \Vhile functioning pursuant to these 
rules and regulations the field technicians shall 
be under the control and supervision of the 
physician or approved MICN of either the 
sponsor »f rosourco hospital from which they 
are receiving instructions. 

Statutory Authority G.S. 143-514. 

.0302 PLAN FOR PARTICIPAl ING 
HOSPITALS 

(a) Fach mobile intensive care program shall 
have a wntten plan which outlines the roles 
and responsibilities of each of the hospitals 
that will function as a sponsor hospital in the 
program. The plan shall allow for the partic- 
ipation of all hospitals within the service area 
of the mobile intensive care program that meet 
the sponsor hospital criteria even though one 
or more hospitals may not want to participate 
at the initiation of the program. One hospital 
shall be designated as being adininistrativ'cly 
responsible for the mobile intensive care pro- 
gram and as such have overall responsibility 
for coordination of the program and ensuring 
compliance with the requirements of tliis Sub- 
chapter. Changes in this designation must be 



approved by the Office of Emergency iVIedical 
Services, 
(b) The plan shall be approved by the chief 
of staff and chief executive officer of each par- 
ticipating hospital and shall include at a mini- 
mum: 

(1) a description of the role each hospital 
is to have in the mobile intensive care 
program; 

(2) a description of the operational proce- 
dures to be followed by the mobile in- 
tensive care personnel to obtain medical 
direction; 

(3) the treatment protocols to be utilized in 
the program and a description of the 
procedure to be followed to modify 
them; 

(4) a description of how the audit and re- 
view function will be established and 
carried out; 

(5) a description of the methodology for 
providing continuing education for the 
mobile intensive care personnel; 

(6) a description of the mechanism for 
providing physician backup to the 
MICN personnel in programs where 
they are utilized. 

Statutory Authority G.S. 143-514. 

.0303 SPONSOR HOSPITAL 

(a) To be approved by the Office of Emer- 
gency Medical Services as a sponsor hospital, 
a hospital must: 

(1) demonstrate that it will function as part 
of a mobile intensive care program in 
accordance with a plan, meeting the re- 
quirements of Rule .0302 of tliis Sec- 
tion; 

(2) meet the following criteria: 

(A) have an active cardiac care unit 
and/or intensive care unit of at least 
four beds if the mobile intensive care 
program is functioning at the EMT-P 
level; 

(B) have, at a minimum, .MICN coverage 
available 24 hours per day in the emer- 
gency department or cntic:il care unit 
for communication with the field tech- 
nicians; 

(C) ensure 24 hour availability of a reg- 
istered nurse who is primanly responsi- 
ble to meet mobile intensive care 
patients upon arrival at the emergency 
department; 

(D) have a physician available eithor m 
t4w> emergL ' noy department t+f t^ r . pon 
&of hospital, (4*1* omorg i ^ncy department 



616 



AORTH CAROLINA REGISTER 



PROPOSED RULES 



ef tfe# i3ponsor hospital administrativoly 

program »f ite afTiliated rouourca hoopi 
tel to provide backup to the MICN is- 
suing instructions to the field 
technicians; 

(E) appoint a registered nurse to act as a 
liaison between the field technicians and 
the hospital; 

(F) appoint a physician to ser\e as a 
medical director or liaison to the med- 
ical director of the mobile intensive care 
program; 

(G) have written support letters for the 
program from both the chief executive 
officer and chief of staff of the hospital; 

(H) establish or participate in an audit 
and review panel that meets regularly; 

(I) have access to and operate a commu- 
nications system that will provide, at a 
minimum, two-way voice communi- 
cations to mobile intensive care field 
technicians an>'\vhere in the ser\'ice area 
of the mobile intensive care program. 
The communications system shall pro- 
vide for communication from the onset 
of patient treatment through the deli\ - 
ery of the patient at the medical treat- 
ment facility. 1 he communications 
system shall be operational 24 hours per 
day and shall allow for initiation of 
communication by either the field tech- 
nicians or by the sponsor hospital that 
is directing the patient care procedures 
and treatment; 

(J) pro\idc orientation regarding the 
mobile intensive care program to ap- 
propriate medical and nursing person- 
nel at the hospital; 

(K) have treatment protocols adopted by 
the medical staff covering the perform- 
ance of field technicians which are con- 
sistent with those being used 
throughout the mobile intensive care 
program; 

(L) provide or ensure provision of a 
continuing education progr;uTi for mo- 
bile intensive care personnel (minimum 
of four hours per month); 

(M) provide or ensure provision of clin- 
ical experience (with supervision) for 
those participating in the training pro- 
gram, 
(b) In addition, the sponsor hospital desig- 
nated as administratively responsible for the 
mobile intensive care program must have a 
physician in the emergency department 24 
hours a dav who is available to sive orders and 



medical direction to the field technicians. For 
mobile intensive care programs that do not 
have a participating hospital within their area 
with a physician in the emergency department 
24 hours a day, this requirement may be met 
by the sponsor hospital designated as adminis- 
tratively responsible for the program defining 
a mechanism afTocting a written agroomont 
wrtb tfee moot appropriato rooourco hoi . pital to 
provide physician backup to the MICN and 
medical direction to the field technicians. 

Statutory Authority G.S. 143-514. 

.0304 RESOURCE HOSPITAL (REPE.ALED) 

Statutory Authority G.S. 143-514. 

SECTION .0400 - TR.\INING AND 

PERFORMANCE OF MOBILE INTENSIVE 

CARE PERSONNEL 

.0401 TRAINING PROGR.\MS 

(a) A training program intended to qualify' 
personnel as field technicians or MlCN's must 
be approved by the oftlce of emergency med- 
ical services. Proposals for training programs 
must be submitted for approval at least 20 44 
days prior to the date on which traimng is 
scheduled to start. 

(b) Field technician liNH intonnodiatj, 
EMT F. aft4 .MICN trainees may perform the 
services and functions permitted by the rules 
contained in this Subchapter for their certif- 
ication approval level during: 

(1) the clinical training portion of an ap- 
proved training program while caring 
for patients in the sponsor ef rooourco 
hospital, provided that the related di- 
dactic work has been completed and 
that they are under the direct super- 
vision of a physician or registered nurse; 

(2) a field internship provided that: 

(A) the related didactic and clinical work 
of an approved training program has 
been completed; 

(Bj they arc directly supervised and ac- 
companied by a field technician certified 
at a like or higher certification level or 
a physician; and 

(C) the internship is conducted within a 
mobile intensive care program ap- 
proN'ed at the same or higher certif- 
ication level for which the personnel are 
being trained. 

Statutory^ .Authority G.S. 143-514. 

.0402 EMERGENCY MEDICAL TECHNICIAN 



NORTH CAROLINA REGISTER 



617 



PROPOSED RULES 



-I'ARAMEDIC PERFORMANCE 

EMT-P's trained in approved training pro- 
grams, certified by the Board of Medical Ex- 
aminers to perform medical acts, and 
functioning in an approved mobile intensive 
care program may do any of the foUowing in 
accordance with the protocols established by 
their sponsor t*f rL ''. ourcL ' hospital: 

(1) While at the scene of a medical emer- 
gency where the capability of continuous 
two-way voice communication, or the ca- 
pability of continuous two-way voice 
communication supplemented by a tele- 
metered electrocardiogram, is maintained 
with a physician or approved MICN lo- 
cated in the sponsor ef resource hospital, 
and upon order of such physician or 
MICN may; 

(a) establish an intra\enous line in a pe- 
ripheral vein and administer any in- 
tra%'enous solution appro%ed by the 
Board of Medical Examiners for use bv 
EMf-Ps; 

(b) obtain blood for laboratory analysis; 

(c) administer parenterally, orally, or top- 
ically any of the drugs approved by the 
Board of Medical Examiners for use by 
EMT-Ps; 

(d) perfonn pulmonary \entilation by me- 
ans of an esophageal obturator airway, 
esophageal gastric tube airway, or en- 
dotracheal tube; 

(e) perform defibrillation and or cardiover- 
sion; 

(f) use gas-powered or hand-powered ne- 
bulizers; 

(g) decompress a tension pneumothorax by 
use of a catheter-flutter-valve device; 

(h) use positi\e end expiratory pressure 
respirators; 

(i) perform cricothyrotomy for relief of up- 
per airway obstruction; 

(j) perform gastric suction by intubation; 

(k) perform urinary^ catheterization. 

(2) WTien confronted with a pulseless non- 
breatliing patient pertbrm cardiopulmo- 
nary resuscitation. defibrillation, 
pulmonar, ventilation by means of an 
esophageal obturator airway, esophageal 
gastric tube airway, or endotracheal tube, 
and administer appropriate cardiac drugs 
pnor to contacting the sponsor hospital. 

(3) I'stablish an intra\enous line in a pe- 
ripheral \cin and administer any inlra\e- 
nous solution appio\cd bv t]ic Board of 
Medical 1 xaminers for use bv \ \\ 1 -I's 
pnor to conlacliniz the sponsor hospital. 
This shall be limited to two unsuccessful 



attempts pnor to contacting the sponsor 
hospital. 

Statutory Authority G.S. 143-514. 

.0403 EMERGENCY MEDICAL TECHNICIAN 
-INTERMEDIATE PERFORMANCE 

EMT- Intermediate's trained in approved 
training programs, certified by the Board of 
Medical Examiners to perform medical acts 
and functioning in an approved mobile inten- 
sive care program, may do any of the following 
in accordance with the protocols established 
by their sponsor ef rcGourco hospital: 

(1) While at the scene of a medical emer- 
gency where the capability of continuous 
two-way voice communication is main- 
tained with a physician or approved 
.MICN located in the sponsor »f rcjourco 
hospital, and upon order of such physi- 
cian or MICN may: 

(a) estabUsh an intravenous line and ad- 
minister the following solutions by in- 
travenous infusion: 

(i) dextros 5 percent in water (D5W), 
(ii) lactated ringer's solution, and 
(iii) normal saline; 

(b) perform pubnonary ventilation by me- 
ans of an esophageal obturator airway 
and'or esophageal gastric tube airway; 

(c) obtain blood for laboratory analysis; 

(d) administer subcutaneously 1:1000 epi- 
nephrine to treat systemic aUergic re- 
actions. 

(2) When confronted with a pulseless, non- 
breathing patient perform cardiopulmo- 
nary resuscitation including, when 
appropriate, defibnllation bv means ot^ an 
automatic or semi-automatic delibnllator, 
aft4 pulmon;ir> ventilation by me;ms of 
an esophageal obturator airway and/or 
esophageal gastric tube airway prior to 
contacting the sponsor ef resource' hospi- 
tal. 

Statutory Authority G.S. 143-5/4. 

.0404 MOBILE INTENSI\ E CARE NLRSE 
PERFORMANCE 

.MlCN's currently appro\ed by the Board of 
Medical Examiners, while functioning under 
the direction of a physician in the sponsor »f 
rosourco hospital of an appro\'ed mobile in- 
tensi\e care program, may direct field techni- 
cians to perform actions as defined in the 
adopted patient care protocols for that mobile 
intensive care program. 



618 



NORTH CAROL/ISA REGISTER 



PROPOSED RULES 



Statutory Authority G.S. 143-514. 

.0405 TECHNICIAN PERFORMANCE IN 
THE PRESENCE OF A PHYSICIAN 

When there is a physician licensed to practice 
medicine present at the scene of a 
medical/traumatic emergency and that physi- 
cian chooses to assume medical responsibihty 
for the patient(s), the field technicians at the 
scene shall: 

(1) require and allow that physician to con- 
tact the sponsor hospital and the physi- 
cian who receives the call at the sponsor 
hospital shall make the decision as to 
whether or not the physician on the scene 
is to be allowed to take charge of the 
patient(s) and give orders; 

(2) if the physician on the scene is allowed 
to take charge, ftei4 tachnician - j eft tt» 
ccL ' ne shall permit that physician's orders 
to take precedence over all other proce- 
dures and or protocol normally utilized 
within that emergency care program; 

(3) follow the orders of the physician within 
the limits enumerated m Rules .0402, aft4 
.0403. .0406. and .0407 of this Section. 

Statutoiy Authority G.S. 143-514. 

.0406 EMERGENCE MEDICAL 

FECI INK! ANS: AD\ ANCED 
INTERMEDI.KTE PERFORMANCE 

EMT-advanced intermediates trained in ap- 
proved training programs, certified by the 
Board of Medical Examiners to perlbrm med- 
ical acts and functioning in an approved mo- 
bile intensive care program, may do any of the 
following in accordance with the protocols es- 
tablished by their sponsor ef recource hospital: 
(1) While at the scene of a medical emer- 
gency where the capability of continuous 
two-way voice communication is main- 
tained with a physician or appro\'ed 
MICN located in the sponsor ef rooourco 
hospital, and upon order of such physi- 
cian or NtlCN may: 

(a) establish an intra\enous Une in a pe- 
ripheral vein and administer any in- 
travenous solution appro\ed by the 
Board of \Iedical Examiners for use by 
EMT-advanced intermediates; 

(b) obtain blood for laborator\ analysis; 

(c) administer intra\enously: 
(i) 50 percent Dextrose, 

(ii) Naloxone (Narcan), 
(iii) Lidocaine, 
(iv) Sodium Bicarbonate, 
(v) Atropine, 



(vi) Epinephrine; 

(d) administer sublingually nitroglycerin; 

(e) administer subcutancously 1:1000 epi- 
nephrine to treat systemic allergic re- 
actions; 

(f) perform pulmonary ventilation by me- 
ans of an esophageal obturator airway, 
esophageal gastric tube airway, or en- 
dotracheal 

(g) perform defibrillation. 

(2) When confronted with a pulseless non- 
breathing patient perform cardiopuhno- 
nary resuscitation, defibrillation, 

pulmonary ventilation by means of an 
esophageal obturator airway, esophageal 
gastric tube airway, or endotracheal tube 
and administer appropriate cardiac drugs 
prior to contacting the sponsor hospital. 

Statutory Authority G.S. 143-514. 

.0407 EMERGENCY MEDICAL 

TECHNICIAN: DEFIBRILLATION 
PERFORM.\NCE 

EMT-defibrillation technicians trained in ap- 
proved programs, certified by the Board of 
Medical Examiners to perform medical acts 
and functioning in an approved mobile inten- 
sive care program, when confronted with a 
pulseless non-breathmg patient, may pertbrm 
defibrillation by means of an automatic or 
semi-automatic defibrillator. Defibrillation 
may be performed prior to contactmg the 
sponsor hospital. 

Statutory Authority G.S. 143-514. 

SECTION .0500- CERTIFICATION AND 

APPRO\ AL REQLIREMENTS FOR MOBILE 

INTENSIN E CARE PERSONNEL 

.0501 CERTIFICATION REQLIREMENTS: 
EMT-PARAMEDIC 

(a) To become certified as an EMT-P, a 
person shall meet the following criteria: 

(1) be currently certified as an emergency 
medical technician in the State of North 
Carolina: 

(2) be affiliated on a continuous basis with 
an ambulance provider permitted by the 
Office of Emergency Medical Services 
which functions as part of an appro\ed 
mobile intensive care program; 

(3) present evidence that he is of suitable 
character and physically capable of per- 
forming as an EMT-P; 

(4) successfully complete, within one year 
of application, an EMT-P training 
course approved by the Office of 



NORTH CAROLINA REGISTER 



619 



PROPOSED RULES 



Emergency Medical Services, following 
guidelines established by the Board of 
Medical lixjimincrs. When training was 
completed over one year prior to appli- 
cation, a person must submit evidence 
of completion of pertinent refresher 
training in emergency medicine taken in 
the past year for approval by the Office 
of Emergency Medical Services. 

(5) successfully complete a performance 
evaluation conducted under the direc- 
tion of the medical director of the mo- 
bile intensi\'e care program assessing his 
ability to perform the skills and proce- 
dures specified in Rule .0402 of this 
Subchapter; 

(6) be recommended for certification upon 
examination by an oral interview panel 
established by the mobile mtensi\e care 
program m which he is proposing to 
function; 

(7) pass practical and written examinations 
administered by the Office of Emer- 
gency .Medical Services. 

(b) Persons holding current certification as 
an EMT-F with the National Registry of 
Emereencv Medical iechnicians or m :mother 
state where the v . ho '. L * training certification 
requirements ha\'e been program hv common 
i i urul e V i ith thu i' O appro\"ed for reciprocity by 
the Office of Emergency Medical Services may 
become certified by: 

(1) presenting evidence of such certification 
for verification by the Office of Emer- 
gency Medical Services; and. 

(2) meeting the criteria specified in Subpar- 
agraphs (a)(1). (a)(2), (a)(3), (a)(5), and 
(a)(6), aft4 (u)(7) of this Rule. 

(c) Certification obtained through reciprocity 
shall be \alid for a period not to exceed the 
length of the current certification or a period 
not to exceed two \ears whichever is shorter. 



No certification shall be \'alid for a penod ex- 
ceeding two vears. Persons must be recertified 
bv presenting documentation to the Office of 
Emergencv Medical Services that he has suc- 
cesslullv completed either: crt V i liich timi? A# 
pcri i on mu ;. l bt* recertified by succL'ii ; ' . fully 
completing t+w following: 

(1) an ongoing continuing education pro- 
gram under the direction of the medical 
'th 



director, approved bv 

PmeriiencN Medical Ser\ices. 



Olfic 



f 



tollowin^ 



guidelines approved bv the Board of 
Medii 



Examiners; ef » mimmum ef 

iA hour ' . . e vep > m* moiithi f e4^ ^v hich 9t» 
mor t^ than -^ percent may W clinical 
expo ' aire; 



(2) an advanced life support a performance 

evaluation conducted under the direc- 
tion of the medical director following 
guidelines established by the Board of 
Medical Examiners, ef tb© mobdo ift- 
tonoivo eafe program assessing the his 
ability to perform the skills ami proco 
duroo specified in Rule .0402 of this 
Subchapter; 

(3) basic life support practical and IJMT-P 

written examinations administered by 
the Office of Emergency Medical Ser- 
vices. 

(4) the criteria specffied in Subparagraph 
(c)(1) and )c)(2) of this Rule; 

(5) a basic life support skills evaluation 
conducted under the direction of the 
medical director assessing the ability to 
peri'orm the skills required of an emer- 
gency medical technician as specified by 
the North Carolina Medical Care 
Commission; 

(6) an EM l-P written examination admin- 
istered under the direction of the med- 
ical director complying with the test 
specifications of the state I'MT-P writ- 
ten examination. 

Statutofj Aulhority G.S. 143-514. 

.0502 CERTII ICATION RKQLIREMENTS: 
EMI-IMERMK.DIUE 

(a) To become certified as an EMT - Inter- 
mediate a person must meet the following cri- 
teria: 

( 1 ) be currently certified as an emergency 
medical technician in the State of North 
CaroUna: 

(2) be alfiliated on a continuous basis with 
an ambulance pro\'ider permitted by the 
Office of Emergency \ledical Services 
and which functions as part of an ap- 
proved mobile intensive care program; 

(3) present evidence that he is of suitable 
character and physically capable of per- 
forming as an EMT- Intermediate; 

(4) successfully complete, within one year 
of application, an EMT- Intermediate 
training course appro\'ed by the Office 
of I-mergency Medical Services follow- 
ing guidelines established by the Board 
of Medical Examiners. When training 
was completed over one year prior to 
application, a person must submit evi- 
dence of completion of pertinent re- 
fresher training in emergency medicine 
for approval by the Office of Emer- 
gency Medical Services; 



620 



NORTH CAROUNA REGISTER 



PROPOSED RULES 



(5) successfully complete a performance 
evaluation conducted under the direc- 
tion of the medical director of the mo- 
bile intensive care program assessing his 
ability to perform the skills and proce- 
dures specified in Rule .0403 of this 
Subchapter; 

(6) be recommended for certification upon 
examination by an oral interview panel 
established by the mobile intensive care 
program in which he is proposing to 
function; 

(7) pass practical and written examinations 
administered by the Office of Emer- 
gency Medical Scr\ices. 

(b) Persons holding current certification as 
an CMT [ntormodiato FMT-I with the Na- 
tional Registry of Hmergency Medical lechni- 
cians or in another state where the whoho 
training /certification requirements have been 
program i* oommonouratu witfe thos e approved 
for reciprocity by the Office of Emergency 
Medical Services may become certified by: 

(1) presenting evidence of such certification 
for verification by the Oftlce of Emer- 
gency Medical Ser\'ices; and, 

(2) meeting the criteria specified in Subpar- 
agraphs (a)( 1), (a)(2), (a)(3). (a)(5), and 
(a)(6) rtft4 (a)(7) of this Rule. 

(c) Certification obtained thrcKigli reciprocity 
shall be valid for a period not to exceed the 
len,ij:th of the current certification or a period 
not to exceed two years whichever is shorter. 
No certification shall be valid for a period ex- 
ceedinij two years. Persons must be recertified 
by presentint; documentaticm to the Otfice of 
I'mergencv Medical Sen'iccs that he has suc- 
cessfully completed either: at- ' ■ ' ■ liich Hwh* At» 
puruon muT i t b* iL ' ccrtifiL'd by •l Ucc eii' jfully 
oompk'ting tive following: 

(1) an ongoing continuing education pro- 
gram under the direction of the medical 
director, approved by the Otfice of 
{•merizencv Medical Sen.'ices, followinii 
guidelines established by the Board of 
the .Medical Examiners; ef a miiumuin 
b( 24 houru C i cry SHt months ef vshich 

»-lJ'k j-v-i r-t f. \ i \-\ 'I r\ \( I T-n.n-.-'.n-^f rtr\ ■> I f W. i .•lif-i«.---il 

TTT7 1 1 1\ f I \J II lUI I TTT l.'^- I VT_ 11 r 11 lU T "-'*J If T 1 1 1 1 VTt I 

e xposure; 

(2) an advanced life support a performance 

evaluation conducted under the direc- 
tion of the medical director following 
guidelines established by the Poard of 
.Medical Examiners assessing the h» 
ability to peribrm the skills afni proc e 
durcn specified in Rule .0403 of this 
Subchapter; 



(3) basic life support practical and EMT-I 
written examinations administered by 
the Office of Emergency Medical Ser- 
vices. 

the criteria specified in Subparagraph 
(c)(1) and (c)(2) of tjiis Rule; 
a basic life support skills evaluation 
conducted under the direction of the 
medical director assessing the ability to 
perform the skills required of an emer- 
gency medical technician as specified by 
the North Carolina Medical Care 
Commission; 



(41 
(51 



(6) an EMT-I written examination admin- 
istered under the direction of the med- 



ical director complying with the test 
specifications of the state EMT-l writ- 
ten examination. 

Statutory Authority G.S. 143-514. 

.0503 APPROVAL REQUIREMENTS: 

MOBILE INTENSIVE CARE NLRSE 

(a) To be approved as a mobile intensive 
care nurse, a person must meet the following 
criteria: 

(1) be currently licensed as a registered 
nurse in the State of North Carolina; 

(2) be affiliated on a continuous basis with 
a sponsor »f rosourco hospital which is 
part of an approved mobile intensive 
care program; 

(3) have a minimum of two years emer- 
gency and/or critical care nursing expe- 
rience; 

(4) present evidence of successful com- 
pletion of the Emergency Nurse Edu- 
cation Program to include current 
information contained in Advanced 
Cardiac Life Support and Basic Trauma 
Life Support courses; 

(5) complete a minimum of five emergency 
calls on a field ambulance where a pa- 
tient is transported. 

(6) be recommended by the medical direc- 
tor of the mobile intensive care program 
after determining that the applicant is 
adequately familiar with the patient care 
protocols of the mobile intensive care 
program. 

(b) Approval shall be valid for a period not 
to exceed two years at which time the person 
may be reapproved by either of the following 
methods: 

(1) present evidence of current certification 
in Advanced Cardiac Life Support; 



NORTH CAROLINA REGISTER 



621 



PROPOSED RULES 



(2) present e\'idcncc of current certification 
in Basic Irauma life Support or 
equivalent; 

(3) be recommended by the medical direc- 
tor of the mobile intensi\e care program 
after an audit of at least ten caUs super- 
vised by the applicant; 

(4) complete a minimum of five emergency 
calls on a field ambulance where a pa- 
tient IS transported; or 

(5) complete a minimum of 48 hours of 
continumg medical education approved 
by the local Audit and Review Panel; 

(6) be recommended by the medical direc- 
tor of the mobile intensive care program 
after an audit of at least ten calls super- 
vised by the apphcant; 

(7) pass a written examination administered 
by the Office of Emergency Medical 
Services which evaluates current infor- 
mation contained in Ad\'anced Cardiac 
Life Support and Basic Trauma Life 
Support courses; 

(8) complete a minimum of five emergency 
calls on a field ambulance where a pa- 
tient is transported. 

Slatulo/j Aiii/ioriiy G.S. 143-5/4. 

.0504 CKRTIIIC.MION RKQl IRF.MEMS: 
KMT-.\nVANCT.D IMKRMKni.VIK 

(a) lo become certified as an L\LI'-ad- 
vanced intermediate a person must meet the 
foUowing criteria: 

(1) be currently certified as an emergency 
medical technician in the State of North 
Carolina; 

(2) be affiliated on a continuous basis with 
an ambulance pro\ ider permitted by the 
Office of Emergency Medical Services 
and which functions as part of an ap- 
proved mobile intensi%'c care program; 

(3) present e\idence that he is of suitable 
character and physically capable of per- 
forming as an E-\LL-advanced interme- 
diate; 

(4) successfully complete, within one year 
of application, an EXLL-advanced in- 
temiediate training course approved by 
the Office of Emergency Medical Ser- 
\'ices following guidelines established by 
the Board of .Medical Examiners. 
When training was completed o\er one 
year prior to application, a person must 
submit evidence of completion of perti- 
nent refresher training in emergency 
medicine for appro\"al by the Office of 
Emergency Medical Services; 



(5) successfuUy complete a performance 
evaluation conducted under the direc- 
tion of the medical director of the mo- 
bile intensive care program assessing his 
ability to perform the skills and proce- 
dures specified in Rule .0406 of this 
Subchapter; 

(6) be recommended for certification upon 
examination by an oral inter^'iew panel 
estabhshed by the mobile intensi\c care 
program in which he is proposing to 
function; 

(7) pass practical and written examinations 
administered by the Office of Emer- 
gency Medical Services. 

(b) Persons holding current certification 
equivalent to a* an UMT advanced intermodi - 
ate EM I -AI with the National Regjstr\' of 
Emergency Medical "lechnicians or in another 
state where the ' ■ ' ■ hooo training certification 
requirements ha\e been program is common 
ourute vi i ith thoi . o approved for reciprocity by 
the Office of Emergency Medical Ser% ices may 
become certified by: 

( 1 ) presenting evidence of such certification 
for verification by the Office of Emer- 
gency Medical Services; and 

(2) meeting the criteria specified in Subpar- 
agraphs (a)(1), (a)(2), (a)(3), (a)(5) and 
(a)(6) a«4 (u)(7) of this Rule. 

(c) Certification obtained through reciprocity 
shall be \alid for a period not to exceed the 
length of the current certification or a penod 
not to exceed two \ears \\hichc\'er is shorter. 
No certification shall be valid for a period ex- 
ceeding two \ears. Persons must be recertified 
bv presenting documentation to the Office of 
EmeraencN' Medical Services that he she has 
succcssfulh completed either: at which time 
ih^i per j. on must b« rocertiliod hf iiUCCL> ' . . ! i fully 
completing t+te follov i ing: 

( 1 ) an ongoing continuing education pro- 
gram under the direction of the medical 
director, approved bv the Office of 
Emergency .Medical Ser\-ices, following 
guidelines established by the Board of 
Medical Examiners; ef a mmimum »f 
24 hour ' - p u' l 'L'pf m* months ef ' . vhich He- 
more than -^ percent may be clinical 
exposure: 

(2) an advanced life support a perfomiance 

evaluation conducted under the direc- 
tion of the medical director follouing 
guidelines established bv the Board of 
Medical Examiners assessing the hi* 
abihty to pertbnn the skills itB4 proce 
durt's specified in Rule .0406 of tliis 
Subchapter; 



622 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(3) basic life support practical and I-^M f-Al 

written examinations administered by 
the Office of Emergency Medical Ser- 
vices; or 

(4) the criteria specified in Subparagraph 
(c)(1) and (c)(2) of this Rule; 

(5) a basic life support skills evaluation 
conducted under the direction of the 
medical director assessing the ability to 
perform the skills required of an emer- 
gency medical technician as specified by 
the North (?ar»lma Medical Care 
Commission; 

(6) an HMT-Ai written examination ad- 
ministered under the direction of the 
medical director complying with the test 
specifications of the state t^MT-AI 
written examination. 



Statutory Authority G.S. 143-514. 

.0505 CERTIUCATION REQUIREMENTS: 
EMT-DEI IBRII.LATION 

(a) To become certified as an EMT-dcfibril- 
lation technician a person must meet the fol- 
lowing criteria: 

(1) be currently certified as an emergency 
medical technician in the Stale of North 
Carolina; 

(2) be affiliated on a continuous basis with 
an ambulance provider pennitted by the 
Office of Emergency Medical Ser\ices, 
or an approved first responder organ- 
ization which functions as part of an 
approved mobile intensi\'e care pro- 
gram; 

(3) present evidence that he is of suitable 
character and physically capable of per- 
forming as an EMT-defibrillation tech- 
nician; 

(4) successfully complete, within one year 
of apphcation, an liM I-defibrillation 
training course approved by the Office 
of Emergency Medical Services follow- 
ing guidelines established by the Board 
of Medical Examiners. Wlien training 
was completed over one year prior to 
application, a person must submit evi- 
dence of pertinent refresher training in 
emergency medicine for approval by the 
Office of Emergency Medical Services; 

(5) successfully complete a performance 
evaluation conducted under the direc- 
tion of the medical director of the mo- 
bile intensive care program assessing liis 
ability to perform the skills and proce- 
dures specified in Rule .0407 of this 
Subchapter; 



(6) be recommended for certification upon 
examination by an oral interview panel 
established by the mobile intensive care 
program in which he is proposing to 
function; 

(7) pass basic life support practical and 
EMT-D written examinations adminis- 
tered by the Office of Emergency Med- 
ical Services. 

(b) Persons holding current certification 
equivalent to EMT-D with the National Reg- 
istry of Emergency Medical Technicians or in 
another state where the training/certffication 
requirements have been approved for reci- 
procity by the Office of Emergency Medical 
Services may become certified by: 

(1) presenting evidence of such certification 
for verification by the Offiice of Emer- 
gency Medical Services; 

(2) meeting the criteria specified in Subpar- 
agraphs (a)(1), (a)(2), (a)(3), (a)(5), and 
(a)(6) of this Rule. 

(c) Certification obtained through reciprocity 
shall be valid for a period not to exceed the 
length of the current certification or a period 
not to exceed two years, whichever is shorter. 
No certification shall be valid for a period ex- 
ceeding two years. Persons must be recertified 
by presenting documentation to the Office of 
Emergency Medical Services that he has suc- 
cessfully completed either: 

(1) an ongoing continuing education pro- 
gram under the direction of the medical 
director, approved by the Office of 
Emergency Medical Services, following 
guidelines established by the Board of 
Medical Examiners; 

(2) an advanced life support performance 
evaluation conducted under the direc- 
tion of the medial director following 
guidelines established by the Board of 
Medical Examiners assessing the abihty 
to perform the skills specified in Rule 
.0407 of this Subchapter; 

(3) basic life support practical and EMT-D 
written examinations administered by 
the Office of Emergency Medical Ser- 
vices; or 

(4) the criteria specified in Subparagraph 
(c)(1) and (c)(2) of this Rule; 

(5) a basic life support skills evaluation 
conducted under the direction of the 
medical director assessing the ability to 
perform the skills required of an emer- 
gency medical technician as specified by 
the North Carolina Medical Care 
Commission; 



NORTH CAROLINA REGISTER 



623 



PROPOSED RULES 



(6) an BMT-D written examination ad- 
ministered under the direction of the 
medical director complying with the test 
specifications of the state liMT-D writ- 
ten examination. 

Slatuloiy Authority G.S. 143-514. 

SECTION .0600 - KM ORCRMENT 

.0601 APPROVAL/CERTIFICATION DENIAL: 
SUSPENSION: OR REVOCATION 

(a) The Board of Medical Examiners may 
deny, suspend or revoke the approval of a 
mobile intcnsi\'e care program or sponsor 
hospital ef rc 'i ource hogpitctl for any of the 
following reasons; 

(1) failure to comply with the requirements 
as found in Sections .0200 and .0300 of 
this Subchapter; 

(2) obtaining approval through fraud or 
misrepresentation. 

(b) The Board of Medical Examiners may 
deny, suspend or revoke the certification of a 
tleld technician or the approval of an MICN 
for any of the foUowing reasons: 

(1) failure to comply with the applicable 
performance and certification require- 
ments as found in Rules .0402, .0403, 
.0404, .0406. ■0407. .0501, .0502, .0503, 

.0504. and .1)505 of this Subchapter; 

(2) obtanung certification or approval 
through fraud or misrepresentation; 

(3) failure to perform a prescribed proce- 
dure, failure to perform a prescribed 
procedure competently or perfonnance 
of a procedure which is not within the 
scope and responsibility of the certif- 
icate holder; 

(4) performance of a procedure which is 
detrimental to the health and safety of 
a patient. 

Statutory Authority G.S. 143-514. 

.0602 I'ROCEDl RES EOR HENIAE: 

SUSPENSION OR RENOCATION 

(a) The Board of Medical Examiners may 
deny, suspend or re\oke the certification of a 
field technician or the approval of an MICN, 
sponsor hospital, rcjourcu ' ho ' - . pital or mobile 
intensive care progr;im as specUied by the rules 
resiarding contested cases found in G.S. 
15'0A-23'^ 

(b) Notwithstanding Paragraph (a) of tliis 
Rule, the Board of Medical Exaniincrs may 
summarily suspend the certification of a field 
teciinician. the approval of an MICN. sponsor 



hospital, resourc e hoiipitol or mobile intensive 
care program as specified in G.S. 150A-3(c). 

Statutory Authority G.S. 143-514. 

.0603 EFFECTIVE DATE (REPEALED) 

Statutory Authority G.S. 143-514. 

SECTION .0700 - EXCEPTIONS 

.0701 CONDITIONS 

Upon application of interested citizens in 
North Carolina, the Board of .Medical Exam- 
iners is authorized to and reserves the right to 
approve the furnishing and providing of mo- 
bile intensive care programs in North Carolina 
referred to in these regulations by persons who 
have been approved to provide these services 
by an agency of a state adjoining North Caro- 
Ima. This approval may be granted where the 
Board of Medical Examiners fmds and con- 
cludes that these requirements for mobile in- 
tensive care programs cannot be reasonably 
obtained by reason of lack of geographical ac- 
cess. 

Statutory Authority G.S. 143-514. 

.0702 REQUESTS 

All requests for exceptions must be submitted 
in wnting to the Office of Emergency Medical 
Services for presentation to the Board of 
Medical Examiners. 

Statutory Authority G.S. 143-514. 

SECTION .0800 - FORMS 

.0801 REQUIRED FORMS 

(a) Certification Application Eorm, 

(b) EMT- Intermediate Verification Eorm, 

(c) EMT-Advanced Intermediate Verifica- 
tion Eorm, 

(d) EMT-Paramedic Verification Eorm, 

(e) EMT- Defibrillation Verification Eorm, 

(f) MICN Venfication forms. 

Statutory Authority G.S. 143-514. 

.0802 SOURCE OF FORMS 

Eorms may be secured from the Office of 
Emergency Medical Services, Department of 
Human Resources, i^o^ Oftico 44e* 12200. 
Ruloiiih. North Carolina 25605. 701 Barbour 
Dn\e^ Raleigh. N.C. 27603. Telephone (919) 
733-2285. 

Statutory Authority G.S. 143-514. 



624 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



SECTION .0900 - STUDY PROJECTS 

.0901 CONDITIONS 

(a) Persons proposing to undertake a study 
project shall have a project director who is a 
physician licensed to practice medicine in the 
State of North Carolina and shall submit a 
written proposal to the Office of Emergency 
Medical Ser%'iccs for presentation to the Board 
of Medical Examiners. The proposal must 
include the following: 

(1) a description of the purpose, an expla- 
nation of the proposed project, the 
methodology to be used in implement- 
ing the project, and the geographical 
area to be covered by the proposed 
study; 

(2) a hst of the mobile intensive care pro- 
grams, ambulance pro\iders, and hos- 
pitals participating in the project; 

(3) a signed statement of endorsement from 
the medical director of each participat- 
ing mobile intensive care program, the 
chief executive officer of each partic- 
ipating hospital, and the director of 
each participating ambulance provider; 

(4) a description of the skills to be utilized 
by the field technicians if different from 
those specrfied in tliis Subchapter, the 
provisions for training and supervising 
the personnel who are to utilize these 
skills and the names of such pcrsormel; 

(5) the name and signature of the project 
director attesting to his appro\ al of the 
proposal. 

(b) The hospitals and ambulance providers 
participating in the project must be a part of 
an approved mobile intensive care program. 
functioning *t- At» liM T IntL'miL'diate, I'M T 
Ads'ancud Intcrmodiuto ef E.Vir 1' lu' i clo. 

(c) The time penod for the project shall not 
exceed three years. 

(dj Only one project on any given subject 
shall be conducted within the state at any given 
time. 

(e) When considering any study project, the 
Board of Medical Examiners may, at its dis- 
cretion, require additional conditions to be 
met. 

Stalulmy Authority G.S. 143-514. 

.0902 Sri D^ PRO.IECI APPROVAL 

(a) The Board of Medical Examiners may 
grant approval to any project \shich is found 
to comply with the conditions specified in this 
Section. 



(b) Project approval shall be granted for a 
period of one year from the date of approval 
by the Board of Medical Examiners. Approval 
for continuation beyond this period by the 
Board of Medical Examiners shall be based on 
the achievement of satisfactory progress as ev- 
idenced in written progress reports to be sub- 
mitted to the Office of Emergency Medical 
Senices at least 90 days prior to the end of the 
approved year. 

(c) Approval of a project by the Board of 
Medical Examiners shall constitute approval 
of the personnel listed in the proposal to exer- 
cise the specified skills as participants in the 
project. The project director shall submit the 
names of additional personnel to the Office of 
Emergency Medical Services for considoration 
approval by the Board of Medical Examiners 
prior to using additional personnel in the pro- 
lect 

(d) The Board of Medical Examiners may 
rescind approval of the study project at any 
time. 

Statutoiy Authority G.S. 143-514. 

.090.1 Sll DV RECOMMENDATIONS 

At least six months prior to the planned 
completion of the study project, the project 
director shall submit to the Office of Emer- 
gency .Medical Services a report of the prelim- 
inary' findings of the project and any 
recommendations for changes in the require 
m e nts fof mobile intonoivo eafe programo. this 
Subchapter. 

Statutory' Authority G.S. 143-514. 

SECTION .1000 - MEDICAL CONTROL 

.1001 MEDICAL CONTROL PROCEDURES 

Each mobile intensi\c care program must 
have procedures established to ensure medical 
control over the medical care rendered in the 
mobile intensive care program. This shall in- 
clude, at a minimum: 

(1) a designated medical director to carry out 
the tasks as specified in Rule 
.0201(2)(a)-(e) of this Subchapter; 

(2) treatment protocols; 

(.^) operational protocols for obtaining med- 
ical direction from the sponsor hospital(s); 
and. if appropriate, A# rei . ourc^ hoopital; 
and 

(4) audit and review of the medical care ren- 
dered in the program. 

Statutoiy Authority G.S. 143-514. 



NORTH CAROLINA REGISTER 



62S 



PROPOSED RULES 



.1002 FOR TRANSPORTS OUTSIDE THE 
rkOr.RAM SERVICE AREA 

F'i e lii tijchnicionti trani ' porting a pationt »Ht- 

^^^^^ 1 1 I ^ U rTTTTmrr 1 1 1 1 T. 1 1 JI T V CTXT^T L' 1 V-f iJ UI 1 1 L^- i ' H-^J 

ar e a, fenrt within ti*«* multi county afe« ef A© 
dooignatod rof f Ourco hoopitul cos' e nng their sef- 
v+«?<* uroa, may accept ordoii i te- pL ' rfonn the 
•i kilin allo' i v e d h* Section .(MOO »f thi* Sub 
chapter froni their rci ' Ourco liOL . pital »f aey 
Lipon ' jor hoi ' pital otlier than tlieir own, aflil 

that: 1 icld technicians transportini; patients 
to a tacilitv other than their own sponsor hos- 
pital may recei\'e orders from the facility to 
perform the skills alkn\ed in Section .0400 of 
this Subchapter pro\ided that: 

( 1 ) the ho -i pilal admmir . trati' . L ' ly ror ^ ponsiblo 
f**f the trani i porting prcider a mobil e m- 
teni ' i' i o eafe program i* alTiliated with t}%e 
rc'L i Ourcu hoiipital vta a written agreement; 
the facility is a sponsor hospital; 

(2) the i . pouoor hoL . pital recoi' i ef . the patient 
aft4 hr {*aft e4 aft appro' i ed mobile inten 
wve 6«fe program at the i t ame ef higl^er 
certification levek the care le\'el of the 
Advanced Life Support orders issued is 
consrstent with the hospitals approved 
le\ el of sponsorship: 

(3) the re ' .H^urc e luv . pital tr a sponsor ho '. pital 
fof a» approved mobile int e n '.i ' i e eafe 
program at the !' . ame ef higher certif 
ication lev e l (*f providefl 34 hour phyr . ician 
back up fckf a nponi ' Or hospital wt aft ap- 
pro' i ed mobile inteu '. i' i e eafe program at 
the r . ame &f higher certificatKui leveh the 
patient care protocols used b\ the recei\'- 
ing tacilitv are consistent with those of the 
provider; 

(4) the treatment protocolr . u ;ie d by the Fe- 
cei' . ing hoi i pital afe the i . ame; the respec- 
tive audit and review committees establish 
a mechanism for the routine exchange of 
infonnation; 

(5) the field technicians establish and main- 
tain two-way voice communications with 
the ho ' jpital giving the order fof medical 
care; af^ receiving lacililv': and 

(6) the mobile inten; . ive eafe program t4 the 
tranr . porting personnel includes , review »f 
the medical eafe provided i» such situ 
ations ift it* audit afni r e v iew function. 
the Oflice of kmergencv Medical Services 

and 



approves 



documentation 



receives 

from the administrator and medical direc- 
tor ot each tacilitv specifying how para- 
graphs ( 1 ) through (5) of this Subsection 
are met. 



Statutory Authority G.S. 143-514. 

.1003 FOR TRANSPORTS BETWEEN 
FACILITIES 

Field tochnioiano transporting a patient e«t- 
&i4e ef their mobile intonsivo eafe program 
oonico afea aft4 the multi county afea »f the 
designated rosourco hospital cov-oring th e ir sef- 
¥iee afea f«ay accept orders te p e rfonn the 
skills allow e d ift Section .0 ' 100 ef thw Sub 
chapt e r from aft approved r e souroo hospital e* 
a sponsor hospital prov'idod: Field technicians 
transporting patients between facilities may 
accept orders from sponsor hospitals other 
than their own sponsor hospital provided that: 
(Ij the resource hospital i* a sponsor hospital 
fof a» approved mobile intensive eafe 
program at the same »f higher cortif 
ication levet e* provides 34 hour physician 
back up fof a sponsor hospital ift aft ap- 
proved mobil e intensive eafe program at- 
the same ©f higher certification l e vel; the 
care level of the advanced Life support or- 
ders issued is consistent with the hospital's 
approved level of sponsorship; 
(4+ the sponsor hospital » a paft ©4^ aft ap- 
prov e d mobde intensive eafe program at 
the same (*f higli e r certitication level: 
(4-f (_2| the patient is transported to the spon 
s«f Of resource hospital issuing giving the 
orders; and 
f4f [3] the field technicians establish and 
maintain two-way voice communications 
with the hospital giving issuing the orders, 
fef m e dical car e ; aft4 
(-5-^ the mobile intensive eafe program »f the 
transporting personnel includes review »f 
the medical eafe provided ift such situ 
ations i» it* audit aft4 review function. 

Statulotj Authority G.S. 143-514. 

.1004 .MR AMBULANCE PROGRAM 
CRITERIA 

(a) Air ambulance programs operating under 
the authonty of 10 NCAC 3D .0101(b)(4)(B) 
must submit a proposal for program approval 
to the Office of Emergency .Medical Services 
at least (SO days prior to field implementation. 
The proposal must document that the program 
has: 

( 1 ) a defined service area; 

(2) a physician medical director responsible 
for: ' 

(A) the establishment and updating of 
treatment and transfer protocols; 



626 



NORTH CAROLIN.4 REGISTER 



PROPOSED RULES 



(B) medical supervision of the selection, 
training, and performance of medical 
crew members as dcfmcd in 10 NCAC 
3D .0115; 

(C) the medical review of patient care; 

(D) medical management of the program. 
Pending formal review, the medical di- 
rector may temporarily suspend from 
the program any medical crew member 
whose actions or medical care are de- 
termined to be detrimental to patient 
care; 

(3) adequate manpower trained, in accord- 
ance with 10 NCAC 3D .0115, to en- 
sure that the program will be 
continuously available on a 24 hour-a- 
day basis; 

(4) an audit and review panel which meets 
on a regular basis to: 

(A) review cases and determine the ap- 
propriateness of medical care rendered; 

(B) make recommendations to the med- 
ical director about the continumg edu- 
cation needed by medical crew 
members; 

(C) review/revise policies, procedures, 
and protocols for the program; 

(5) patient transfer protocols that have been 
rc\ iewcd and appro\ed by the Office of 
Emergency Medical Services. 

(b) Air ambulance programs based outside 
of North Carolina may be granted approval 
by the Office of Emergency Medical Services 
to operate in North Carolina under 10 NCAC 
3D .0101(b)(4)(B) by submitting a proposal 
for program approval. The proposal must 
document that the program meets all criteria 
specified in Rule .1004(a) of this Subchapter. 

(e) AfF umbuliinocj programc implfmontud 
prior te- Juno 4-7 1Q86 aft4 wliich operut e undtjr 
th« authority »f -W NCAC *» .010I(b)(i)(B) 
muat documont complianc e with Rule * . lOO ' '! 
ef this Subchuptor l*y Juno h l'^87. 

Statutory Authority G.S. 143-514. 

•k-k-k-k-k-k^-^-k-k-k-k-k-k-k-k-k-k 



No 



otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the North Carolina Board of 
Nursing intends to adopt and amend regulations 
cited as 21 NCAC 36 .01/0; .0112; .0113; 
.0208; .0211; .0217; .021 S; and .0310. 

1 he proposed effective date of this action is 
May I, I98S. 



1 he public hearing will be conducted at 2;00 
p.m. on January 20, J 988 at Raleigh Marriott 
Hotel, Raleigh, North Carolina. 

K^omment Procedures; Any person wishing to 
present oral testimony relevant to these pro- 
posed rules may register at the door before 
hearing begins and present the hearing officer 
with a written copy of testimony. Written 
statements may be directed, five days prior to 
the hearing date, to the North Carolina Board 
of Nursing, P. O. Box 2129, Raleigh, NC 
27602. 

CHAPTER 36 - BOARD OF NURSING 
SECTION .0100 - GENERAL PROVISIONS 

.0110 OPEN MEETINGS 

(c) Any agency or individual, directly affected 
by any item to be considered by the board, 
may request opportunity to speak in relation 
to the specific item. Such request must be in 
writing and received in the board office at least 
34- five business days prior to the scheduled 
meeting. 

(e) Persons wishing to bring matters te- the 
board fof ite attontion ef con - iid e ration request 
that an item be placed on the board aizcnda 
shall submit the request in writing no less than 
30 days prior to the scheduled regular meeting. 
Such request shall specify the nature of the 
matter to be discussed and suggest the amount 
of time needed for the discussion. 

Statutory Authority G.S. 90-17 1 .23(a); 143- 
33C. 

.0112 DETERMINATION OF VACANCY 

Should a registered nurse member of the 
board cease to be actively employed (as dcfmed 
in Rule .0113) in the specified area defmed in 
G.S. 90- 171.21(d), wlaich is the basis for 
her/his eligibility, she/he will have a reasonable 
period of time to resume employment in the 
designated area. A reasonable period of time 
shall be considered to be 60 days. If active 
employment in the specified area is not re- 
sumed within 60 days, the seat will be declared 
vacant and the vacancy filled according to G.S. 
90- 17 1.2 1(c). Provided, however, that if ces- 
sation of active employment within the speci- 
fied area occurs within 90 days of the end of 
the member's term, such member may con- 
tinue to serve until the end of the term. 

Statutory Authority G.S. 90-17 1 .21(c). 



; 



NORTH CAROLINA REGISTER 



627 



PROPOSED RULES 



.0113 nFIKRMINATION OF 
Ql AI.II ICAllONS 

For puq^oses of G.S. 90-171.21 and Rule 
.0112 of this Section, the phrases "shall hold 
positions," "shall be employed," and "shall be 
a," shall mc;m "active employment." "Active 
employment" shall be determined by the board 
by examination of the following factors: 

(1) whether the hccnsec holds an employ- 
ment with an employer or is self-em- 
ployed; 

(2) the number of days dunng the preceding 
three years de\oted to engagement in the 
specified acti\ity; 

(3) the duration of any periods of inter- 
ruption of engaging in the specified activ- 
ity dunng the preceding three years and 
the reasons for any such interruptions; 

(4) the nature and purpose of any other ac- 
tivities engaged in by the licensee during 
a period of interruptions; 

(5) the mtcnt of the licensee to resume en- 
gagement in the specified acti\ity. the ef- 
forts of the licensee to resume engagement 
in the specific activity, and the probability 
that the licensee will be able to resume 
engagement in the specified activity; 

(6) job descriptions, contracts, and any other 
relesant e\idence concerning the time, ef- 
fort, and education de\oted to the speci- 
fied activity; and 

(7) whether engagement in the specified ac- 
ti\'ity is or has been for compensation, and 
whether income from the specified activity 
is the principal source of the licensee's 
personal earned income. 

Statutotj Authority G.S. 90- HI. 21 {d). 

SECTION .0200 - I ICENSl RE 

.0208 CHANGE OF NAME/Dl I'LIC.VI E 
LICENSE 

{¥f a copy e^f logal document authonzing 
U*<* chango m- iKinu * , L'ithor marriage 
certificate »f court order, if applicabk ' ; 

Siatuioty .Uuhority G.S. 90-J^/ .23(b)(3). 
.0211 KXAMINAIION 

(d) 
(6) The passing standard score shall be 350 
in each of the f"i\e tests comprising the 
examination for registered nurse licen- 
sure, up to and including the F'ebruary 



1982 examination. Begirming in July 
1982 and up to and including the July 
1988 exammation, the examination will 
be compnsed of four parts and the 
passing standard score shall be 1600 for 
the total examination. Beginning in 
February 1989, the examination ^ill be 
compnsed of four parts and a passing 
score shall be reported as "PASS." 
(7) The passing standard score shall be 350 
for the total examination for practical 
nurse licensure, u£ to and includinu the 
April 1988 examination. Begirming in 
October 1988, the passing score shall 
be reported as "PASS." 

Statutory Authority G.S. 90-171.30. 

.0217 RE\OC.\TION:SLSPENSION OR 
DENIAL OF LICENSE 

(c) Before the North Carolina Board of 
Nursing makes a binding decision concerning 
any of the actions which are withm the cover- 
age of the Nursing Practice Act, the applicant 
or licensee who is to be affected by such action 
wiU be given at least 20 days notice and af- 
forded an opportunity to be heard. The hear- 
ing notice shall include a statement of the date, 
hour, place and nature of the hearing; a refer- 
ence to the particular sections of the statutes 
and rules involved; and a short and plain 
statement of the factual allegation. Notice wiU 
be given by certified mail, and it shall be 
deemed to have been given on the date ap- 
pearing on the return receipt. If notice cannot 
be given by certified mail, it wiU be given per- 
sonally. If giving of notice carmot be accom- 
plished either personally or by certified mail, 
notice shall then be given as provided in G.S. 
lA-1, Rule 4fff 4(il). A party who has been 
ser\'ed with a notice of heanng may file a 
written response with the North C'arolina 
Board of Nursing. ]i_ a wntten response is 
tiled, a copy of the response must be mailed to 
all other parties not less than 10 days before 
the date set for the hearing. .Vny person may 
petition to become a party by tiling a motion 
to inten'cne as provided in G.S. lA-1, Rule 24. 
In addition, any person interested in any such 
hearing may intervene and participate in the 
proceeding to the extent deemed appropriate 
b\ the North Carolina Board of Nursing. Also 
such heanngs shall be open to the public. 

(d) Venue. Hearings conducted by a ma- 
jority of the members of the board »f tl*e 
North Carolina Board of Nursing shall be held 
in %^ offic e »f t^ board m Raleigli, Wake 
County, North Carolma. If a hearing on a 



628 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



contested case is conducted by a hearing offi- 
cer, »F 1«J* tbaft a majority ef Ae mumboro ef 
th« board »f nuniing, the hearing shall be con- 
ducted in the county in this state in which any 
person whose property or rights are the subject 
matter of the hearing maintains his residence. 
When a different county would promote the 
ends of justice or better serve the convenience 
of witnesses, the hearing may be held in an- 
other county in the discretion of the board of 
nursing. In any case, however, the person 
whose property or rights arc involved and the 
board of nursing may agree that the hearing is 
to be held in some other county. 

(i) Rules of Evidence. In all contested cases, 
irrelevant, immaterial and unduly repetitious 
evidence shall be excluded. Except as other- 
wise provided, the rules of evidence as applied 
in the Trial Division of the General Court of 
Justice will be followed: but, when evidence is 
not reasonably available under such rules to 
show relevant facts, they may be shown by the 
most reliable and substantial evidence avail- 
able. It shall not be necessary for a party or 
his attorney to object at the hearing to evi- 
dence in order to preserve the right to object 
to its consideration by the board in reaching its 
decision or by the court on judicial review. 
The evidence in a contested case, including re- 
cords and documents, shall be offered and 
made a part of the record. Other tactual in- 
formation or CN'idence shall not be considered 
in determination of the case, except as permit- 
ted under G.S. 150B-30. Documentary evi- 
dence may be received in the form of a copy 
or excerpt or may be incorporated by refer- 
ence, if the materials so incorporated are 
available for examination by the parties. 
Upon timely request, a party shall be given an 
opportunity to compare the copy with the or- 
iginal if available. The parties in a contested 
case, by a stipulation in writing tiled with the 
board, may agree upon any fact invoked in the 
controvers>', which stipulation shall be used as 
evidence at the hearing and be binding on the 
parlies thereto. Parties should agree upon 
facts when practicable. Except as otherwise 
provided by law, disposition may be made of 
a contested case by stipulation, agreed settle- 
ment, consent order, waiver, default , or other 
method agreed upon bv the parties. 

(1) 1 lounng Presiding Officer. i\ny A member 
of the board »f »fw »f mor e ef t4**» ht ' uring ef- 
ficoro shall be designated and authorized by the 
board t«- handle oontootod cauuo, ' jhall to be the 
hearing presiding officer in contested cases, 
except as provided under G.S. 15()B-40(e). 
The hearings will be conducted in an impartial 



manner. On the filing in good faith by a party 
of a timely and sufficient affidavit of personal 
bias or disqualification of a hearing olTioor any 
member of the board, the board shall deter- 
mine the matter as a part of the record in the 
case, and its determination shall be subject to 
judicial review at the conclusion of the pro- 
ceeding. \Vhon a hearing officer If a presiding 
officer is disqualified or it is irripractical for him 
to continue the heairing, another hearing pre- 
siding officer shall be assigned to continue with 
the case unless it is shown that substantial 
prejudice to any party will result therefrom, in 
which event a new hearing will be held or the 
case dismissed without prejudice. 

(m) Powers. ^4te chairman ef ¥ie» chairman - 
©f A© board , tb« chairman »f viee chairman 
ef the nuri i ing practice committee, the attorney 
»f tfee board ef t4*« designated hearing officer 
The presiding officer may administer oaths and 
affumations; sign and issue subpoenas in the 
name of the board, requiring attendance and 
giving of testimony by witnesses and the pro- 
duction of books, papers and other documen- 
tary evidence; provide for the taking of 
testimony by deposition; regulate the course 
of the hearings, set the time and place for 
continued hearings, and fix the time for filing 
of briefs and other documents; direct the par- 
ties to appear and confer to consider simplifi- 
cation of the issues by consent of the parties; 
and apply to the Gen e ral Court ef Jutjtio e , 
Superior Court Division, during Bf subsequent 
te a hearing any judge of the superior court 
resident in the district or presiding at a term 
of court in the county where a hearing is 
pending for an order to show cause why any 
person should not be held in contempt of the 
board and its processes. 

(o) No Ex Parte Communication. Unless 
required for disposition of an ex parte matter 
authorized by law, tfe« hearing oftioor a mem- 
ber of the board assigned to make a decision 
or to make findings of fact and conclusions of 
law in a contested case shall not communicate, 
directly or indirectly, in connection with any 
issue of fact, with any person or party or his 
representative, nor, in connection with any is- 
sue of law, with any party or his representative, 
except on notice and opportuiiity for all parties 
to participate. This prohibition begins at the 
time of the notice of hearing. 44%» hearing ef- 
fi^w A board member may communicate with 
other board members and have the aid and 
advice of the board staff other than the staff 
which has been or is engaged in investigating 
or prosecuting functions in connection with 



NORTH CAROLINA REGISTER 



629 



PROPOSED RULES 



the case under consideration or a factually re- 
lated case. 

(p) I-inal Board Decision. A final decision 
or order of the board in a contested case shall 
be made, after review of the official record as 
defined in Gr^ 150B 37(a) G.S. 150B-42(b), 
in writing and shall include findings of fact and 
conclusions of law. lindings of fact shall be 
based excius matters officially noticed. Find- 
ings of fact, if set forth in statutory language, 
sliall be accompanied by a concise and explicit 
statement of the underlying facts supporting 
them. A decision or order shall not be made 
except upon consideration of the record as a 
whole or such portion thereof as may be cited 
by any party to the proceeding and shall be 
supported by substantial e\idcnce admissible 
under G.^ 15i l B 20(u) Bf G^ 150B 30 m 
GtSt 150B 31 G.S. 150B-4I. A copy of the 
decision or order shall be ser\ed upon each 
party personally or by certified mail addressed 
to the party at the latest address gi\'en bv the 
party to the board and a copy furmshed to liis 
attorney of record. 

(q) Official Record. The board will prepare 
an official record of the hearing which shall 
include -- notices, pleadings, motions, and in- 
tennediate rulings; questions and offers of 
proof, objections and rulings thereon; evidence 
presented; matters officially noticed, except 
matters so obvious that a statement of them 
would ser\e no useful purposes proposed find- 
ings and exceptions; and any decision, opinion, 
order or report by the houring officer presiding 
at the hearing and by the board. Proceedings 
at which oral evidence is presented shall be re- 
corded by a person or mechanical means, but 
need not be transcribed unless requested by a 
party, liach party shall bear the cost of the 
transcript or part thereof or copy of said tran- 
script or part thereof which said party requests. 

Statuiotj Auihority G.S. 90-171.37. 

.0218 l.ICKNSl RK WnMOlT 

F.X.\MIN\TION (in KNDOKSKMKM) 

(a) An apphcant who holds an active, cuirent 
license or has held an acti\'e license within the 
last fi\e years in another jurisdiction as defined 
by the National Council of .State Boards of 
Nursin'-i. may appl\' for licensure without ex- 
amination (by endorsement) pro\idcd the 
other junsdiction's requirements for licensure 
were equivalent to or exceeded those of North 
Carolina at the time the applicant was initially 
licensed. The board will proxidc an applica- 
tion form which the applicant must complete 
in its entirct\'. 



(1) 



(B) attainment of a standard score equal 
to or exceeding 350 on each test in the 
licensing examination developed by 
National Council of State Boards of 
Nursing, Inc. administered prior to July 
1982 or a standard score of 1600 on the 
licensing examination developed by 
National Council of State Boards of 
Nursing, Inc. adminiatprod beginning 
in July 1982 ef krt<*f and up to and in- 
cluding the July 1988 examination; or 
beginning in February 1989, a score of 
"PASS." An exception to this ruUng is 
made for the applicant who was regis- 
tered in the original state prior to Sep- 
tember 1956. Such applicant is 
required to have attained scores on each 
test in the series required by the state 
issuing the original certificate of regis- 
tration; 

(C) safe health status; 

(D) unencumbered active license within 
the last five \ears in original jurisdiction 
of licensure or another jurisdiction; if 
the license in the other jurisdiction has 
been inactiN'e or lapsed for fi\'e or more 
years, the applicant will be subject to 
requirements for refresher course as in- 
dicated m G.S. 90-171.35 and 
90-171.36. 



(2) 



(B) achievement of a passing score on the 
licensing examination developed by 
National Council of State Boards of 
Nursing, Inc. If originally licensed on 
or after July 1, 1949 and up to and in- 
cluding the April 1988 examination, an 
apphcant for a North Carolina license 
as a practical nurse on the basis of ex- 
amination in another state must have 
attained a standard score equal to or 
exceeding 350 on the State Board T e- it 
Pool Fxamination licensure examina- 
tion. Beginmng in October 1*^88, an 
applicant must have receh'ed a score of 
"PASS" on the licensure examination. 
An exception to the requirement for the 
350 passing score is made for the apph- 
cant who was hcensed in the original 
state bv examination prior to Septem- 
ber 1957; 

(C) safe health status; 

(D) unencumbered active hcense witliin 
the last five \ears in original jurisdiction 
of hcense or another jurisdiction; if the 
license in the other junsdiction has been 
inactive or lapsed for five or more years. 



6iO 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



the applicant will be subject to require- 
ments for refresher course as indicated 
in G.S. 90-171.35 and 90-171.36. 
fe) Individualfi who have boon Ucens e d i» 
Canada »«• t4*« ba ' jis »f tb# Canadian Nurooo' 
Aooocmtion I e - jt Sonioo I'Kamination writton 

< r\ i K.i I . »-\ nil lV\ \ /-, rt I i t 1 I , It .-i i-ir.-\ ^^\ t i-rt Vt lia f j-^ ■^f^T-\l i r k r^r 

ITT lllC TTTT^TTTTTt IUI I tTW^C^ tXI V U LiZ^ U'lU IV./ I 1 / rTTT 

roLdstrution by ondopjemt- ' nt. 

Slalutoty Authority G.S. 90-171.32. 

SECTION .0300 - APPRO\ AL OK NLF^ING 
PROGRAMS 



.0310 

(b) 
(2) 



FACIIJTIES 

Clinical resources for programs leading 
to registered nurse licensure must also 
include inpationt psychiatric/mental 
health ser\'ices with sufficient patient 
census in community sites and /or inpa- 
tient facilities a1 which 
psychiatric /mental health care is a pri- 
mary focus. Patient census must be 
representative of the range of DSM 111 
diagnoses. 



Statutory Authority G.S. 90-17 1 .23(b)(8). 






NORTH CAROLINA REGISTER 



631 



FINAL RULES 



LJ pon request from ihe adopting agency, 
the text of rules will be published in this 
section. 

Kf hen the text of any adopted rule is 
identical to the text of that as proposed, 
adoption of the rule will be noted in the 
"List of Rules Affected" and the text of the 
adopted rule will not be republished. 

/I dopted rules filed by the Departments 
of Co/rection. Revenue and Transportation 
are published in this section. These de- 
partments are not subject to the provisions 
ofG.S. I50B, Article 2 requiring publica- 
tion of proposed ntles. 



niLE 17 - DEPARTMENT OF RE\ ENLE 

CHAPTER 5 - CORPORA! E INCOME AND 
FRANCHISE TAX Dl\ ISION 

SI BCHAPTER 5C - CORPORA! E INCOME 
TAX 

SECTION .2500 - FOREIGN SALES 
CORPOR VnON (I SC) 

.2502 DKTERMINA! ION OF FSC NET 
INCOME 

The net ineome of a FSC shall be determined 
in accordance with the revenue laws of this 
state and the Internal Re\enue Code. Exempt 
foreign trade income, defmed in Section 923 
of the Code, of a foreign sales corporation shall 
not be included in the net income of the for- 
eign sales corporation. Any e.xpenses and 
commissions paid by a shareholder to a foreign 
sales corporation that are deductible under the 
Code shall be deductible from the sharehold- 
er's income. 

Histoiy Sote: Statutory Authority G.S. 
105-130.3; 105-130.4: '105-130.6: 105-130.7: 
105-130.15: 105-130.16: 105-262: 
Eff. Au<;ust I. 1 986: 
Amended Eff .lanuaty I. I9SS. 

title 19a - del'artment of 
iransporiahon 

C :il.\P!ER 3 - DIMSION OF MOIOR 
\E!IICIES 

SLBCllAPIER 3C - \ KIIICLE SERMCES 
SECTION 



SECTION .0200 - REGISTRATION 

.0202 TITLING AND REGISTRATION OF 
BR.\NDED \EHICLES 

Upon application for title and registration of 
a motor vehicle as defmed in G.S. 20-4.01(33], 
the following regulations apply: 
( 1 ) Flood vehicles will be branded 

"Water Flood Damage Vehicle" on the 
title and "WATR-FLD" on the registra- 
tion card. 
(2 1 Non-U. S. A. vehicles may be registered 
with the brand "Non-U. S. A." printed on 
the card, but will not be titled unless and 
until documentary proof is received from 
the apphcant showing that the vehicle has 
been modified to meet United States saf- 
ety and emission control standards. The 
title will then reflect the brand 
"Non-U. S.. v. \ehicle." 

(3) Reconstructed \'ehicles wUl be branded 
■RECONST" on the registration card and 
"Reconstructed vehicle" on the title. The 
application for title must be accompanied 
by the inspector's report showing the ve- 
hicle was inspected prior to being rebuilt 
and was reinspected when completed, and 
the rebuUder's aftldavit detailing the re- 
pairs made including proof of ownership 
of the parts used. Sahage vehicles not 
inspected prior to being rebuilt wiU be 
branded "Reconstructed \'eliicle." 

(4) Sahage \-ehicles will be branded "SAL- 
VAGE" on the registration card and 
"Salvage vehicle" on the title. Insurance 
companies paying a total loss claim on a 
\ehicle due to theft may obtain an un- 
branded title, pro\ided the vehicle has not 
been damaged to the extent it would be 
considered a total loss under the pro- 
\isions of comprehension and colUsion 
insurance. If it has been so damaged, the 
insurance company must obtain a salvage 
title. If the vehicle title is reassigned by 
an insurance company when the loss is 
less than 75 percent of the fair market va- 
lue of the vehicle, a copy of the adjuster's 
report must accompany the application 
and reassignment. 

(5) Sahage rebuilt \'ehicles will be branded 
"SAL-RBLT'' on the registration card 
and "Salvage Rebuilt veliicles" on the ti- 
tle. 1 he application for title must be ac- 
companied by the inspector's report 
showing the veliicle was inspected prior to 
being rebuilt and reinspected when com- 
pleted, and the rebuOder's afrida\it detail- 
ing the repairs made including proof of 
ownership of the parts. Failure to have 



632 



XORTH CAROLINA REGISTER 



FINAL RULES 



the vehicle inspected prior to repair will 
result in the vehicle being branded a re- 
constructed vehicle. 

Histoty Note: Statutory Authority G.S. 

20-/;' 20-39; 20-71.3: 20-109.1; 

Eff. July I, I97S; 

Amended Eff. January I. I98S. 

SLBCIIAPTER 3D - LICRNSK AND THEFT 
SECTION 

SECTION .0900 - APPROVAL OE SLN 
SCREENING DEMCES 

.0901 DEFINITIONS 

(a) "Sun screening devices" means products 
or materials designed to be used in conjunction 
with approved vehicle safety glazing materials 
for the purpose of reducing the effects of the 
sun. 

(b) "Luminous reflectance" and "light tran- 
smittance" as referred to in these regulations 
are in the visible light range. 

(c) "Reflectance" means the ratio of the 
amount of total light, expressed in percentages, 
which is reflected outward by the device to the 
amount of tot;d light falling on the device. 

(d) "Transmittance" means the ratio of the 
amount of total light, expressed in percentages, 
which is allowed to pass through the device 
including the glazing to the amount of total 
light falling on the device and the gla/ing. 

(e) "Manufacturer" means any person en- 
gaged in the manufacturing or assembling of 
sun screening devices designed to be used in 
conjunction with vehicle glazing materials. 

Histo/y Note: Staluioiy Authority G.S. 
20-39: 20-127; 
Eff January /, I9SS. 

.0902 TESTING .\ND CERTIFICATION 

(a) Iiach manufacturer shall demonstrate 
compliance with the applicable requirements 
of this Regulation. Test specimens of the de- 
\ices shall be tested in conjunction with the 
glazing material of intended use. The neces- 
sary tests shall be conducted by or supervised 
by an approved, certified laboratory . 

(b) Testing of the devices shall be in accord- 
ance with the applicable provisions of the fol- 
lowing standards: 

(1) Transmittance - American National 
Standards Institute (ANSI) Z26. 1-1983 
(and amendments thereto). 

(2) Retlectance - ANSI AS I'M i:3nS-73 
and ANSI'AST.M 1-179-73 (and 
amendments thereto) for film devices 
and ANSI.ASTM U308-73 and 



ANSI/ASTM C523-68 (and amend- 
ments thereto) for perforated sun 
screening devices. In the latter devices, 
the luminous reflectance shall be meas- 
ured under CIE light source C with the 
lamp source beam being at least 1/2 
inch in diameter or larger, 
(c) Each manufacturer shall certify to the 
Commissioner that the device is in compliance 
with the transmittance and reflectivity require- 
ments of these Regulations. 

History Note: Statutory Authority G.S. 
20-39; 20-/27. 
Eff January /, /9S8. 

.0903 APPLICATION FEE 

Each manufacturer applying for approval of 
a sun screening device shall be registered with 
the Equipment Approval Unit of the Division 
of .Motor Vehicles. Testing procedures and 
results shall be accompanied by the certif- 
ication referred to in Rule .0902(c) and a fee 
of twenty-five dollars ($25.00) in order to re- 
view the application materials. 

I lis ton' Note: Statutory Authority G.S. 
20-39; 20-/27; 
Eff January I. /98S. 

.0904 APPROVAL AND LABELING OF 
DEMCES 

(a) No devices manufactured with a lumi- 
nous reflectance of more than 20 percent or a 
light transmittance of less than 70 percent will 
be approved for use on vehicles registered in 
this State. 

(b) After approval of the device by the 
commissioner, each manufacturer shall provide 
an approved label with a means for permanent 
and legible installation between the device and 
each glazing surface to which it is applied. 
Each label shaO contain the following infor- 
mation: 

The name and address of the manufac- 
turer; 

The registration number assigned to the 
device by the division; and 

The words, "complies with G.S. 
20-127." 

I'ach manufacturer shall include in- 
structions with the device for proper installa- 
tion, including the affLXing of the label specified 
in Paragiaph (b). The label shall be placed as 
required by G.S. 20- 127(d). 

History Note: Slatutori' .-iuthority G.S. 
20-39; 20-/27; 
Eff January /, /9S8. 



(1) 
(2) 
(3) 
(c) 



NORTH CAROLINA REGISTER 



63.^ 



LIST OF RULES AFFECTED 



nor™ CAROLFSA ADMIMSl rath E CODE 
EEEECTHE: December I, 1987 



AGENCY 

DKP ARTMKNT OF AnMIMSTRATION 

1 NCAC 4A .0601 -.11603 
PFPyKIMKNI OF AGRiri I.Tl RF. 

2 NCAC 9G .0101 

2nB .0401 
34 .0313 
38 .0604 

.0701 
43H .0001 

.0()03-.0004 
52B .0204 

.0206 

.0302 
52E .0209 

DFP \RTMFNT OF COMMFRCE 

4 NCAC 111 .nioi-.oin3 

.0201-. 0204 

.0301 -.0303 

II .0101-.0102 

.0201-. 0202 

.0301-. 0302 

.0401 -.0404 

.0501 -.0503 

.0601 

IJ .0101-0102 

.0201 

.0301 

GO\ FRNOR'S OFFICE 



ACTION TAKEN 



Repealed 



Amended 
Amended 
Amended 
Amended 
Amended 
-Amended 
.•\mended 
.-Vmended 
.\mended 
Amended 
/Vmended 



Adopted 
Adopted 
Adopted 
Temp. Adopted 
Expires 5-15-88 
Temp. Adopted 
Expires 5-15-8S 
Temp. Adopted 
Expires 5-15-SS 
Temp. Adopted 
Expires 5-15-88 
Temp. .Adopted 
Expires 5-15-88 
Temp. Adopted 
Expires 5-15-88 
Temp. Adopted 
Expires 5-15-88 
Temp. Adopted 
Expires 5- 15-88 
Temp. Adopted 
Expires 5-15-88 



NCAC 2 Executive Order Number 57 
EIT. 11-23-87 



DEPARTMENT OF IIIAFW RFSOL RCES 

10 NCAC 3G .3301 -.3342 

7A .0208 
7B .0211 



Adopted 

rVmended 
.Amended 



6.U 



AORTH CAROLL\A REGISTER 



LIST OF RULES AFFECTED 





.0330 




Amended 




.0335 




Amended 


7F 


.0107 




Amended 


lOB 


.0732 




Amended 




.0801 




Amended 




.0901 




Amended 




.0925 




Amended 




.0927 




Amended 




.1109 




Amended 




.1114 




Amended 




.1116 




Amended 




.1119 




Amended 




.1205 




i\mended 


lOD 


.0903 




Amended 


lOF 


.0029 




Amended 




.0032- 


.0033 


Amended 




.0039 




/Vmended 




.0041 




Amended 


12 


.0239 




Amended 


14C 


.1145 




Amended 


14E 


.0101 




Repealed 


14F 


.0101- 


.0110 


Repealed 




.0201- 


.0202 


Repealed 




.0301- 


.0305 


Repealed 




.0401- 


0405 


Repealed 




.0501- 


0507 


Repealed 


26B 


.0201 




Amended 




.0207 




Amended 


26H 


.0303 




/Vmended 


45 H 


.0202- 


0206 


Amended 


45G 


.0308 




/Vmended 


nKPARlMKN r Ol JlSl ICF 


.0102 






12 NCAC 7D 


Amended 




.0401 




Amended 




.0503 




Amended 


9B 


.0108- 


0109 


Amended 




.0110- 


0114 


Amended 




.0202 




/\mended 




.0207 




/Vmended 




.0217 




Amended 




.0302 




Amended 




.0304- 


0305 


.'Vmended 




.0309- 


0310 


Amended 




.0408- 


0409 


Amended 


9C 


.0308 




/Vmended 




.0403 




Amended 




.0601 




/Vmended 




.0604 




Amended 


9D 


.0202 




/■Vmended 


DKPAKTMKM OF CRIMK CON [ROI, AM) IM HMC SAFFTY 




14A NCAC 11 


.0501- 


0506 


Temp. Adopted 
Expires 5-13-88 



NORTH CAROLINA REGISTER 



635 



LIST OF RULES AFFECTED 



l)KI'\KIMKM OK N AH KM RF.SOl RCKS A\n COMMLMTY OFAELOPMENT 


15 NCAC 3 A 


.0004-.0005 


^Vmended 


3B 


.0103 


Amended 




.0105 


Amended 




.0107-.0108 


Amended 




.0111 


Amended 




.0114-.0115 


Amended 




.0305-. 0306 


/Wiended 




.0308 


Amended 




.0402 


Amended 




.0503-.0504 


.Amended 




.0702 


.Amended 




.0801-.0802 


Amended 




.0902-.0903 


.Amended 




.0006 


Amended 




.1002 


Amended 




.1004 


/^mended 




.1101-. 1103 


.Amended 




.1106-. 1107 


.Amended 




.1111 


.Amended 




.1406 


Amended 




.1501 


.Amended 


3C 


.0203 


.Amended 




.1)206 


.'Vmended 


7H 


.1102 


.Amended 




.1104-. 1105 


.Amended 




.1501-. 1502 


.Amended 




.1504-. 1505 


.Amended 




.1801-. 1805 


.\dopted 


loB 


.0115 


.Amended 




.0121 


.Adopted 


lOD 


.0002-.0003 


.Amended 


101- 


.0339 


.Amended ■ 


OKKICF OF STAFF 1 RFASl 


RFR 




20 NCAC IG 


.0504-.0507 


.Amended 




.0508 


Adopted 


BO\RD OF CFRTIFIFn CI BFK ACC Ol ATANT FXWIINFRS 




21 NCAC 8B 


.0508 


Adopted 


81- 


.0107 


.Amended 




.0110 


.Adopted 




.0305 


.Amended 


SH 


.0004 


.Adopted 


BO \Rn OF M RSING HOMF ADMIMS FR \ 1 ORS 




21 NCAC 37 


.0519 


.-Vmended 


RFAF FSFAI F FICFNSING 


HOARD 




21 NCAC 58 A 


.1301-. 1302 


.Amended 




.1308 


.Amended 




.1313 


.Amended 




.1317 


.Amended 



6}6 i\OR TH CAROLINA REGIS TER 



LIST OF RULES AFFECTED 



BOARD Oh KF.FRIGKRAIION KXAMINKRS 

21 NCAC 60 .0101 Amended 

.1102-. 1103 Amended 

OFKICK OF STATE PFRSONNKI. 

25 NCAC IB .0416-.0417 Adopted 

.04 18-. 0420 Adopted 

.0425-.0426 Adopted 

HI .0611 Adopted 

.0614 Adopted 



NOR TH CAROLINA REGIS TER 637 



NC AC INDEX 



n ILK/MAJOR DIMSIONS OF IHE NORTH CAROLINA ADMINISIRATIVE CODE 

niEE DEPARIMENT 

1 Administratiim, Department of 

2 Agriculture, Department of 

3 Auditor, Department of State 

4 Commerce, Department of 

5 Corrections. Department of 

6 Council of State 

7 Cultural Resources, Department of 

8 I'lections, State Board of 

9 Governor, Office of the 

10 Human Resources, Department of 

11 Insurance, Department of 

12 Justice, Department of 

13 Labor, Department of 

14A Crime Control and Public Safety, Department of 

15 Natural Resources and Community Development, Department of 

16 Lducation, Department of 

17 Re\enue, Department of 

IS Secretary of State, Department of 

19A Transportation, Department of 

20 Treasurer, Department of State 

*21 Occupational Licensing Boards 

22 Administrative Procedures 

23 Community Colleges, Department of 

24 Housing I'inance Agency 

25 State Personnel. Office of 

26 Administrati\e Hearings. Office of 

NOTE: Title 21 contains the chapters of the various occupational licensing boards. 

CHAPIKR LICENSING BOARDS 

2 Architecture. Board of 

4 Auctioneers, Commission for 

6 Barber Lxamincrs, Board of 

8 Certified Public Accountant Lxamincrs, Board of 

10 Chiropractic Lxamincrs. Board of 

12 Contractors, I icensing Board for 

14 Cosmetic .Art Lxamincrs. Board of 

16 Dental Lxamincrs, Board of 

18 Llectrical Contractors, Board of Lxamincrs of 

20 Lorcsters, Board of Registration for 

21 Geologists, Board of 

22 Hearing /\id Dealers and Litters Board 
26 Landscape Architects, Licensing Board of 

28 Landscape Contractors, Registration Board of 

31 Martial & Lamily Therapy Certification Board 

32 Medical Lxamincrs, Board of 

33 MidwifcPv' .loint Committee 

34 Mortuary Science. Board of 

36 Nursing. Board of 

37 Nursing Home .Administrators, Board of 

38 Occupational Therapists. Board of 
40 Opticians. Board of 

42 Optomctn,', Board of Lxamincrs in 



63S NOR TH CA ROLINA REGIS TER 



NCACINDEX 



44 Osteopathic Examination and Registration, Board of 

46 Pharmacy, Board of 

48 Physical Therapy, [examining Committee of 

50 Plumbing and 1 leating Contractors, Board of 

52 ■ Podiatry Examiners, Board of 

53 Practicing Counselors, Board of 

54 Practicing Psychologists, Board of 

56 Professional Engineers and Eand Surveyors, Board of 

58 Real Estate Commission 

60 Refrigeration Examiners, Board of 

62 Sanitarian Examiners, Board of 

63 Social Work, Certification Board for 

64 Speech and Eanguage Pathologists and 

Audiologists, Board of Examiners of 

66 Veterinary Medical Board 



NOR TH CAROLINA REGIS TER 639 



CUMULATIVE INDEX 



CUVWLArilE I\DEX 

(April 1987 - March 1988) 



1987- 1988 



Pages 



Issue 



1 - 137 

138 - 169 

170 - 198 

199 - 285 

286 - 364 

365 - 417 

418 - 487 

488 - 544 

545 - 643 



1 - 


April 


2 - 


May 


3 - 


June 


4 - 


Julv 


5 - 


August 


6 - 


September 


7 - 


October 


8 - 


November 


9 - 


December 



AO - Administrati\c Order 

AG - Attorney General's Opinions 

C - Correction 

E - r.rrata 

EO - Executive Order 

EDE - Einal Decision Eetters 

ER - Einal Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

ERA - list of Rules Affected 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - TemporajA' Rule 

ADMIMSIRAIION 

AuxiliaPv' Services. 203 PR 

Departmental Rules, 429 PR 

Property and Construction, 388 PR 

State Construction, 388 PR 

State Emplo>ees Combined Campaign, 13 PR, 334 PR 

.ADMIMSIRAlINi: HE.ARINGS 

Ileanngs Di\ision, 408 PR 

.AGRici i;n RE 

Eood and Drug Protection Division, 204 PR, 429 PR 

.Markets, 206 PR 

N. C. State Pair, 205 PR 

Pesticide Board, 13 PR 

Standards Division, 206 PR 

Structural Pest Control, 205 PR, 393 PR, 492 PR 

Vetennar\ . 209 PR 



640 



NORTH CAROLINA REGISTER 



CUMULA TIVE INDEX 



COMMKRCE 

Cemeter>' Commission, 429 PR 
Credit Union Division, 334 PR 
Departmental Rules, 14 PR, 143 PR, 551 PR 
Savings & Loan Division, 147 PR 
Seafood Industrial Park Authonty, 430 PR 

COMMLAITY COLLEGES 

Community Colleges, 270 PR 

CORRECIION 

Division of Prisons, 105 PR, 190 [-R, 275 PR 
Parole Commission, 106 FR 

CRLME CONTROL AND PUBLIC SAEETY 

Governor's Crime Commission, 565 PR 

State lliehwav F'atrol, 159 PR 

Victim and Justice Services, 342 PR, 570 PR 



EXECU nVE ORDERS 

Executive Orders 



34 - 


42, 1 


EG 


43 - 


46, 138 


EO 


47 - 


49, 171 


EO 




50, 199 


EO 


51 - 


53, 288 


EO 




54, 384 


EO 


55 - 


56,418 


EO 




57, 545 


EO 



EESAL DECLSION EEITERS 

Votmg Riglits Act, 10 EDL, 141 EDE, 200 EDE, 291 EDL, 385 EDL, 489 EDL, 547 FDL 

(GENERAL STAin ES 

Chapter 7A, 382 GS 
Chapter 143B, 286 GS 
Chapter 150B, 366 GS 

HUMAN rp:sources 

AEDC, 156 PR 

Commission of Anatomy, 441 PR 
Departmental Rules, 492 PR 
Drug Commission, 530 ER 
Eacility Ser\ices, 174 PR, 21 1 PR, 393 PR 
Family Services, 152 PR 
Ileahli Services, 237 PR, 432 PR, 494 PR 
Individual and Family Support, 153 PR 

Medical Assistance, 149 PR, 174 PR, 248 PR. 339 PR, 396 PR, 443 PR, 506 PR 
Mental Health, Mental Retardation 

and Substance Abuse, 15 PR, 247 PR, 337 PR, 442 PR, 557 PR 
Notice, 170 C, 488 C 
Social Ser\'ices Commission, 397 PR 
Vocational Rehabilitation Ser\ices, 559 PR 

INDEPENDEN r A(;ENCIES 

Housing Finance, 355 i'R 

rVSURANCE 

Life Accident & Health Division, 17 PR 
Special Services Division, 564 PR 



NORTH CAROLINA REGISTER 641 



CUMULATIVE INDEX 



JIDICIAL ORDKRS 

Martin v. Mclott, 420 JO 

.jisTin: 

education and Training Standards, 19 PR 
N.C. Alann Systems, 341 PR 
Private Protective Ser\ices, 249 PR 

IK KNS1N(, BOARDS 

CP.\, 269 PR, 351 I'R, 516 PR 

Chiropractic Pxamincrs, 17S PR 

Cosmetic Art l-'xaminers. 593 PR 

Dental l:xaminers. 461 PR 

Electrical Contractors, 612 PR 

Geoloasts, 524 PR 

Medicd Fxammers, 95 PR, 403 PR, 613 PR 

MortuaPv- Science, 404 I'R 

Nursing, Board of, 627 PR 

Nursins Home Administrators, 182 PR 

Opticians, 404 PR 

Real Instate, 352 PR 

Refrigeration Examiners, 526 PR 

LIST OF RL IKS AFFECTED 

\'olumc 12, No. 1 
(April 1, 1987), 131 ERA 
\'olume 12, No. 2 
(Mav 1, 198''). 163 I RA 
Volume 12, No. 3 
(June 1, 1987), 193 ERA 
\'olume 12, No. 4 
(July 1, 1987), 277 ERA 
Volume 12, No. 5 
(August E 1987), 358 ERA 
Volume 12, No. 6 
(.September 1, 1987), 411 I R.\ 
October 1, 1987, 479 ERA 
November 1, 1987, 537 ERA 
December 1, 1987, 634 ERA 

N.ATl RAI, RKSOl RCKS AND COMMIM I V DK\ KEOPMFNT 

Coastal Management, 94 PR, 160 PR. 259 PR, 347 PR, 365 C, 401 PR, 445 PR, 510 PR, 573 PR 

Community .Assistance, 511 PR 

Economic Opportunit\ , 161 PR 

Environmental Management, 29 PR, 24^) PR, 346 PR, 506 PR, 572 PR 

Mannc Eishcrics, 84 PR, 255 PR 

Wildlife Resources and Water Safety, 175 PR, 268 PR, 446 PR, 575 PR 

PI BEIC EDI CATION 

Elementary' and Secondan". 348 PR 

RKNKNIE 

Corporate Income Eranchise Tax, 470 ER, 632 I'R 
Indi\idual Income Tax, 107 I'R 
Motor Euels Tax, 108 ER 

STA I E PERSONAEI. 

Employee Benefits, 183 PR, 408 PR 



642 NORTH CAROLINA REGISTER 



CUMULA TIVE INDEX 



Office of State Personnel, 96 I'R, 465 PR 

STATE TREASl RKR 

Departmental Rules, 161 PR 

Hducational Facilities Pinancc Agency, 349 PR, 475 FR 

Investment Program, 177 PR 

STATEMENTS OF ORGANIZATION 

Statements of Organization, 295 SO 

TRANSPORTATION 

Division of Highways, 410 FR, 471 FR 
Motor Vehicles, 109 FR, 632 FR 



NOR TH CAROLINA REGIS TER 643 



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